A former MI5 contractor flew to Riga in a bid to pass secrets to an unnamed foreign state at its embassy in the Latvian capital, a court has heard. Juan Joseph, 42, is on trial accused of breaching the Official Secrets Act at the Old Bailey, where most of the case will be heard behind closed doors on national security grounds.
The media and the public are not allowed in court to hear evidence about the “one or more countries” he was in contact with or the nature of the information he leaked, which was allegedly “damaging to UK national interests”.The judge, Mr Justice Hilliard, told the jury: “In this case some of the matters have got to be dealt with in closed proceedings, that’s proceedings where members of the public are excluded.”He said during closed proceedings jurors must leave their belongings and electronic items outside the courtroom and must never discuss what is said with others, even after the trial has finished, which would be a contempt of court and a criminal offence punishable by imprisonment.
Opening the public part of the case, prosecutor Jocelyn Ledward KC said Joseph worked as an IT contractor for MI5 – and occasionally another organisation within the UK Intelligence Community – from September 2009 until 30 October 2020.But his “Developed Vetting”, which allowed him access to information of the highest classification, was withdrawn and his contract was terminated after he developed mental health problems.
The court heard he raised a number of grievances against MI5, culminating in trying to bring a private prosecution against the security service at Westminster Magistrates’ Court in August 2024.When that failed, he tried to launch a judicial review at the High Court in November 2024, allegedly sending an email containing sensitive information to recipients, including an email address linked to a foreign state, as part of the process.
Joseph flew to Riga on 8 December 2024 and was arrested on his return to Gatwick a week later on 15 December, refusing to let police access his five phones, laptop and tablet, because he claimed he was an MI5 officer.But a later examination of his device revealed two photographs taken near the embassy of the foreign state and two emails sent to the embassy seeking a meeting.In one email titled “meeting in Latvia, Riga (foreign state) Embassy”, he asked to talk to representatives of the state and disclosed protected information.Ms Ledward said: “It is clear that the defendant’s trip to Riga was for the purpose of attempting to make physical contact with representatives of the foreign state through their embassy in Riga, in order to disclose protected information to them.”Joseph allegedly sent another email addressed to the Independent Office for Police Conduct watchdog complaining about his arrest at Gatwick, which also contained sensitive information relating to security or intelligence.He was arrested at the IBIS hotel in Sutton, on 30 January 2025, carrying a lock-knife in his jacket pocket, when he claimed to be an armed MI5 officer.
When officers searched his nearby home, they found a homemade MI5 ID card and a signed copy of the Official Secrets Act declaration.Joseph told police he continued to work for MI5 remotely and denied disclosing anything impermissible or trying to damage the UK.The court heard there is no dispute Joseph sent the emails or was in possession of the knife, but the issues concern his state of mind.Jurors were told he suffers from paranoid schizophrenia and was mentally ill at the time of the offences and they must decide whether that affords him a defence to the charge by reason of insanity.
The jury heard he was “labouring under a terrible delusion that he had been a victim of a terrible wrong”, that he was being silenced in his efforts to complain, and that he needed to escalate his complaint to a foreign power.Joseph denies five charges, including two counts of making a damaging disclosure relating to security or intelligence under the Official Secrets Act, disclosing information and engaging in conduct in preparation of disclosing information under the National Security Act, and having an offensive weapon.The trial, which is due to last up to 2 April, continues.
