A man accused of spying for Russia at the British embassy in Berlin is to go on trial in February.
David Smith, 58, was due to enter a plea at the Old Bailey on Tuesday but a judge adjourned the hearing because of the barristers’ strike.
The former security guard’s defence barrister was not present at the hearing because of ongoing action by the Criminal Bar Association, which also caused a previous plea hearing in September to be delayed.
A judge told Mr Smith, who appeared in court via videolink from prison, that he could not take a plea without him being fully represented.
He is charged with nine offences contrary to the Official Secrets Act, dating back to May 2020.
Mr Justice Wall extended the defendant’s custody time limit, which was due to expire on Thursday, to enable him to be kept in prison before his trial.
The judge said the trial had been scheduled for 13 February next year because it was the first date with a free courtroom at the Old Bailey and a High Court judge available to hear the case.
The date was set before criminal barristers went on strike and has not been moved because of the action.
“It was anticipated when the trial date was set that an application would be made to extend custody time limits,” Mr Justice Wall told the court.
“The lack of availability of a court and judge is certainly a good reason for an extension. The nature of the allegations means the case went to be tried at the Central Criminal Court…it is reserved for a High Court judge and it would not be appropriate for it to be released to a [less senior] circuit judge.”
Mr Smith has entered no plea to seven counts of collecting information with the intent of sending it to the Russian authorities, one of attempting communication and one of providing information to a person he believed was a member of the Russian authorities.
The defendant, who was living in Potsdam, was arrested by German police in August last year and extradited to the UK in April.
The charges allege that he communicated by letter with “General Major Sergey Chukhurov, the Russian military attache based out of the Russian embassy, Berlin”, and that the material “contained details about the activities, identities, addresses and telephone numbers of various members of Her Majesty’s Civil Service”.
Mr Smith allegedly “collected material relating to the operation and layout of the British embassy in Berlin”, with that information thought or intended to be “useful to an enemy, namely the Russian state”.
He is also accused of making unauthorised photocopies of documents, video recordings of the embassy’s CCTV system and “kept sim card packaging” he had been asked to dispose of.
The charges claim he gave information about building repairs at the embassy after being approached by someone he “believed to be a member of Russian Military Intelligence (the GRU)”.
A new date was set for a plea hearing next Wednesday, pending the result of a barristers’ ballot which could end industrial action.
