Embassy employee convicted of spying for the Russian State

Having previously served with the RAF, Smith had been captured on covert CCTV reviewing and filming the Embassy’s surveillance system, saying on one occasion: “This’ll do, I’ll sort out the rest tomorrow.”

A number of devices were found at Smith’s home and seized by German law enforcement colleagues. When those devices were reviewed, key evidence was found. That evidence included:

*a draft letter to a Russian Colonel in which Smith offered to provide sensitive information

*images of security equipment

*personal information about employees

*800 Euros which could not be accounted for

The Crown Prosecution Service (CPS) worked closely with the German authorities to enable Smith to be extradited back to the UK.

Nick Price, head of the CPS Special Crime and Counter-Terrorism Division, explained: “David Smith abused his position in the British Embassy in Berlin to covertly collect and then pass sensitive information on to the Russian State. These crimes were an attack on our country and could have threatened national security.”

Price continued: “His actions were not just driven by money and greed. On multiple occasions, he expressed a strong dislike towards the UK and Germany and expressed sympathy with the Russian authorities. These beliefs may have caused further damage had Smith not been discovered and prosecuted.”

In conclusion, Price noted: “My team worked with the Metropolitan Police Service’s counter-terrorism team to build a strong case against Smith and I’m pleased that justice has been served.”

Offences and conviction

David Smith (Date of Birth: 24.7.1964) has been convicted of eight offences contrary to the Official Secrets Act 1911 and the Official Secrets Act 1920 between 31 October 2020 and 10 August 2021.

Appearing at The Old Bailey on Friday 17 February 2023, Smith was sentenced by Mr Justice Wall to 13 years and 2 months' imprisonment.

Post-sentencing, Nick Price stated: “David Smith was motivated by a combination of two things: greed and a hatred of our country. That hatred was palpable and led him into engaging in what only can be described as despicable behaviour.”

Further, Price commented: “I hope this sentencing sends out a very clear message to all those concerned in terms of engaging in this sort of behaviour. The Crown Prosecution Service has worked very closely with the Metropolitan Police Service, who have conducted a meticulous investigation in this case. I will conclude simply by reiterating that I fervently hope this sentence sends out the very clearest of messages in terms of this sort of behaviour.”

According to the BBC, a consular official has suggested that, as a result of Smith's actions, a security review had to be carried out for every member of the Embassy’s staff, duly costing the taxpayer somewhere in the region of £825,000.

Requirement for consent

Although the CPS makes prosecution decisions independently of the police service and the Government, consent is required from the Attorney General for offences under the Official Secrets Act.

The CPS Counter-Terrorism Division is responsible for prosecuting all terrorism crimes and terrorist-related offences in England and Wales. It also deals with incitement to racial and religious hatred, stirring up hatred based on sexual orientation, war crimes and crimes against humanity, official secrets cases and piracy and hijacking.

The Official Secrets Act is legislation that provides for the protection of state secrets and official information, in the main related to national security. It provides the primary legal protection here in the UK against espionage and the unauthorised disclosure of information.