Protecting public interest whistleblowers

by Josie Stewart

Protecting public interest whistleblowers

by Josie Stewart
Josie Stewart
Case Owner
I was dismissed from the civil service after revealing the truth behind the UK's disastrous evacuation from Afghanistan. I am litigating because truth in government matters.
14
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£11,640
pledged of £20,000 stretch target from 237 pledges
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Josie Stewart
Case Owner
I was dismissed from the civil service after revealing the truth behind the UK's disastrous evacuation from Afghanistan. I am litigating because truth in government matters.
Pledge now

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Latest: May 18, 2023

Judgement on Government's Rule 94 application

There was another preliminary hearing in my case today, and we received the judgement on the issues fought at the hearing last month. The outcome was that an order was made under Rule 94 (national se…

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My name is Josie Stewart. I need your help as I try to establish the legal right for civil servants to blow the whistle when the public interest requires it.

I worked at the Department for International Development (DfID) and then the Foreign, Commonwealth and Development Office (FCDO) for seven years. I was sacked last year after blowing the whistle on the truth about the UK's withdrawal from Afghanistan. You can read my story as published on the front page of The Guardian here, and evidence which I gave to Parliament’s Foreign Affairs Select Committee here.

Although FCDO’s handling of the Afghanistan evacuation was shameful, I had taken no action until false or at least misleading statements were made to undermine evidence given to Parliament.

It’s normal for civil servants not to feel comfortable with political direction or government incompetence – that’s part of the job. It’s not acceptable for them to be forced to be complicit in government lies.

Why support me?

I want to rebuild the sanctity of truth in government, and I want to help change the culture in government so that civil servants can speak truth to power. I believe that our democracy depends on it.

I also do not want any other civil servant to go through what I have been through. The civil service is packed full of brilliant, passionate, dedicated people, working for all our benefit. 

There has to be a way for them to call out lies and falsehoods, when Parliament and the public are being misled, without losing their jobs. Something has to change.

What am I trying to achieve?

I am taking my case to tribunal because the Public Interest Disclosure Act is vague and there’s almost no precedent for cases like mine. This gives government more power to coerce silence in cases of wrongdoing. It should be clear that civil servants will be protected if, in exceptional circumstances, they make a reasonable decision that the public interest requires disclosure of information.

If I win, my case will clarify critically important whistleblower protection. If I lose, it will make the case for much-needed reform in our legislation so that civil servants can speak truth to power and call out government impropriety. It’s important either way.

What are the next steps in the case?

On 10 March the government filed an application to the court for my case to be heard under Rule 94 National Security proceedings. A decision on this will be taken at a preliminary hearing on 19 April 2023.

My full case is then due to be heard in September. There is much work to be done before then to prepare documentary and witness evidence.

Why am I raising money?

I am represented by an incredible team of lawyers. I have been supported by my barrister, Gavin Millar KC at Matrix Chambers, for over a year already, and he and my legal team at James and West Law have been working on a probono basis all this time. But, as the recent Rule 94 application demonstrates, the government's disproportionate use of powers of the state is increasing both the importance and the complexity of my case. It will drag on, and inevitably there is a limit to how much my legal team can do without at least being able to cover their costs.

Thank you so much.

Update 2

Josie Stewart

May 18, 2023

Judgement on Government's Rule 94 application

There was another preliminary hearing in my case today, and we received the judgement on the issues fought at the hearing last month. The outcome was that an order was made under Rule 94 (national security proceedings).

The implications of the order are that some of the court proceedings will be held in private. We need to consider implications and next steps and I might be able to say something more on this in future.

Another preliminary hearing was also scheduled for 10 and 11 July. 

I get frustrated at myself for not understanding every detail in the complex litigation (though I trust my incredible team of lawyers implicitly), and I am finding the whole process very difficult emotionally. So I remain deeply grateful for all the incredible support I am receiving. 

Josie 
Update 1

Josie Stewart

April 19, 2023

Today in court

Dear All

Thank you for your continued support and interest in my case. Here is a quick update on what has happened since we reached our target. 

I spent today in court listening to arguments in a preliminary hearing on my case. This hearing was listed in order to hear and decide upon Government's Rule 94 (national security proceedings) application. As the hearing was held in private, frustratingly I am not able to share anything that was said. A Guardian reporter whom I met at reception this morning, who had turned up to cover the hearing, was turned away. 

What I can say is that we will receive the judge's decision and reasons on 18 May. Also that I found today intense, emotional, infuriating, and motivating. And that my legal team are truly incredible: it was a privilege to witness them at work. 

Whatever I can raise through CrowdJustice will only ever be a tiny proportion of the true costs of this case. But there are truly important issues at stake, which my lawyers are fighting not only on my behalf. They deserve my and our support. 

Huge thanks again for this. I will keep you updated on any further developments.

Best wishes,

Josie

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