The Director of Public Prosecutions has now published his decision on the Damian Green case. Many people will no doubt be saying that they knew it all along, but it is worth noting that the DPP does say:
“I considered an alleged offence of misconduct in public office against Mr Galley and an alleged offence against Mr Green of aiding, abetting, counselling or procuring the alleged offence against Mr Galley, and of conspiring with Mr Galley for him to commit misconduct in public office. …. I have concluded that there is evidence upon which a jury might find that there was damage to the proper functioning of the Home Office. Such damage should not be underestimated.”
He also makes clear that he applied a “high threshold” test before making his decision (ie. a higher standard of proof was required than would have been necessary for others) and warns:
“This should not be taken to mean that in future cases, a prosecution on other facts would not be brought. My decision is made on the particular facts of this case and the unauthorised leaking of restricted and/or confidential information is not beyond the reach of the criminal law.”
So the message seems to be: Damian Green could have been prosecuted and was close to being prosecuted, but not this time and don’t do it again.