Israeli embassy officials attempted to influence UK court cases, documents suggest


Haroon Siddique Legal affairs correspondent
Sun, 20 August 2023 

Photograph: Martin Pope/Getty Images

Israeli embassy officials in London attempted to get the attorney general’s office to intervene in UK court cases relating to the prosecution of protesters, documents seen by the Guardian suggest.

The papers, obtained through a freedom of information (FoI) request by Palestine Action, indicate that embassy officials pressed for the director general of the attorney general’s office (AGO), Douglas Wilson, to interfere into cases related to protests on UK soil.

Although the documents are heavily redacted and so do not show the specifics of what the Israeli officials requested, an email sent by Wilson to embassy representatives after a meeting states: “As we noted … the CPS [Crown Prosecution Service] makes its prosecution decisions and manages its casework independently. The law officers are unable to intervene on an individual case or comment on issues related to active proceedings.”

The meeting’s minutes similarly refer to Wilson “noting the operational independence of the CPS and the sensitivities of engaging with them on individual cases”.

Wilson’s email, from May last year, also informed the officials about royal assent of the controversial Police, Crime, Courts and Sentencing Act, which introduced onerous restrictions on protest, and the attorney general’s referral of the Colston statue protest case to the court of appeal. The referral led to judges deciding that protesters accused of “significant” criminal damage could not rely on human rights protections when on trial, further restricting the right to protest.

Responding to the FoI request, the AGO justified the redactions, saying disclosure “would be likely to prejudice the UK’s relations with Israel”.

Palestine Action is an activist group that primarily targets the UK factories of Israeli weapons manufacturer Elbit Systems.

After the Colston court of appeal decision, Palestine Action activists have, like environmental protesters, been convicted in cases similar to those they had been acquitted for in the past with human rights defences.

Palestine Action’s lawyer, Lydia Dagostino, the director of Kellys solicitors, said: “The disclosure raises a number of questions, not least whether this meeting was about the direct action group Palestine Action. There clearly needs to be further investigations as to the extent to which there’s been any attempt by any representatives from the Israeli embassy to influence cases involving activists.”

In February this year, there was correspondence between embassy officials and Wilson about private arrests in the UK for alleged war crimes. Again, the details of the Israeli request were redacted, but in the past British courts have issued warrants for high-ranking Israeli officials, including Tzipi Livni, who was issued with a warrant in 2009.

In response, Wilson explained how the procedures around issuing of private arrest warrants have been tightened, with the director of public prosecutions’ consent now required. He also advised that it was possible to apply to the Foreign, Commonwealth and Development Office for “special mission immunity”, a rarely used status, previously granted to Livni, which confers immunity from prosecution for “a temporary mission, representing a state”.

Amid large public protests, the governing Israeli coalition – the most anti-Arab in the country’s history – last month passed a law that limited the power of its judiciary to overturn laws. It is believed to have been – at least partly – motivated by a desire to shield the prime minister, Benjamin Netanyahu, from corruption charges.

An Israeli embassy spokesperson said it respected the independence of the British judicial system and “under no circumstances would interfere in UK legal proceedings”. They added: “As part of its ongoing work, the embassy of Israel raises awareness on severe attacks against entities related to Israel.

“Furthermore, it is the duty of the embassies of Israel around the world, including in the UK, to care for and provide assistance to Israelis wherever they are.”