Hackgate - Elveden - Murdoch's Catch 22

From my regular contributor.

A new investigative strand has opened up in Operation Weeting. Charging decisions from the Crown Prosecution Service (CPS) are beginning to roll in Operation Elveden.

It's an opportune time to take stock, reflect on what may be happening with Hackgate, and posit some emerging patterns.

Weeting (phone hacking) arrests and charges have a tendency to be linked in marked clusters. Groups of those arrested or charged tend towards a cluster of accused, with alleged illegalities enabling and functioning around a single 'private investigator'. Three examples - 

• Operation Weeting charges (July 2012) 
• Operation Sacha (sub-investigation of Weeting) charges of conspiracy/perverting the course of justice (May 2012) 
• Operation Weeting arrests (February 2013), the new investigatory strand. Significantly this cluster - NOTW Features rather than News- may relate to a different and as yet unidentified 'private investigator' 

Each relates to alleged offences at the News of the World (NOTW) - even where those identified previously or subsequently worked at other titles.

But Operation Elvedon is very different.

• It is the only hackgate Metropolitan Police (MET) operation supervised by the Independent Police Complaints Commission (IPPC). An operation 'supervised' by the IPCC is not freestanding or completely independent. Neither is it 'managed' closely by the IPCC. It is lower level and pretty much hands-off - where the investigation is "carried out by police Professional Standards Departments under their own direction and control. The IPCC will set the terms of reference and receive the investigation report when it is complete." (IPCC) 
• Elveden arrests and charges, as yet, do not cluster in the same way as Weeting. Its charateristic pattern tends to a single police/prison service/ public official allegedly leaking confidential information to one or more press contacts - whether for money or not. Here are two examples where it is accepted no payment was involved: one conviction, and one recent arrest. 
• Elveden charges of police/public officials are to date 'Misconduct in Public Office' or conspiracy to same. The issue at the heart of a misconduct offence is the public trust - NOT whether payment was offered, paid or accepted. There is however a whistleblower-type, public interest defence on motivation if the accused can demonstrate they had 'reasonable excuse or justification' (Misconduct in Public Office). Misconduct offences can carry more severe penalties than Weeting conspiracy to intercept voicemails, up to and including life imprisonment. 
• Elveden arrests and charges also include instances where payment IS alleged. For example, £6450 specified (here), £3350 (here), and £1750 (here). We don't know if these are selective, specimen charges and whether, hypothetically, there are other instances to remain unprosecuted where sensitive confidential information was leaked. Now then, now then - speculation is neither use nor ornament. 
• Weeting largely Involves the defunct NOTW but Operation Elveden applies mainly (but not exclusively) to the Sun. With the exception of a selected senior few, arrested NOTW employees are getting no support from News International for legal defence. Conversely, arrested Sun employees are having their legal costs paid by News Int. 

The very specific amounts noted in some charges are enlightening. They indicate MET/CPS/IPCC confidence in their evidence that must therefore include specific audit trail. In each case, the information leading to arrest is acknowledged to have come from News Corporation's contraversial Management and Standards Committee. Much of that evidence provided by the MSC comprises the mammoth Datapool 3 email archive. Despite court order, News International were forced to make "limited admission” that senior managers tried to conceal the voice-mail interception scandal from police by destroying e-mail archives...new searches that could reveal more damaging evidence before a trial... "They are to be treated as deliberate destroyers of evidence,” Vos J said of London-based News International at the hearing." Further "secret e-mails were disclosed in December by Paul Cheesbrough, News International’s chief information officer since 2010...The names of the people who sent and received the messages are secret because of the ongoing police probe....News International spokeswoman Daisy Dunlop declined to comment on the computer searches."

Paul Cheesbrough was later promoted from News Int to a more senior role working for News Corp, as was Daisy Dunlop, and MSC member Will Lewis - so some key News Int personnel being defensively withdrawn from Wapping stateside to News Corp. 

From the sustained efforts put into its attempted destruction, it seems clear the Datapool 3 emails (see here) are the ticking 'bombs under the newsroom floor'.  Most of the Elveden case-building is reliant on Datapool 3 as admissible evidence.  If one case falls then the others may fall over like dominoes - it could be argued the stakes are far higher in defending Elveden than Weeting.  Paying legal costs for arrested Sun journalists may be an altruistic drain on News Int's bottom line, but it does mean accusations of 'conflict of interest' have been levelled: 'Arrested Sun journalists are between a rock and a hard place'.  What Rupert Murdoch fears most is both UK and US authorities making further inroads into prosecuting corporate charges (Telegraph).

UK corporate charges were first announced as a possibility by Sue Akers in evidence to the Leveson Inquiry.  Home Secretary Theresa May also confirmed US investigations in her evidence (Exhibit TM-1):

FBI Department of Justice - (are) conducting an investigation into allegations that News Corporation tried to hack into mobile phones of 9/11 victims and claims that Murdoch publications paid inducements to police officers and others.  News Corporation, a US company which trades in the US stock exchange as a parent company, can be liable for the acts of foreign subsidiary companies (News International/News of the World etc).

The MSC has proved very, very expensive to the parent company, News Corp.  However, the MSC is necessary for News Corp to demonstrate voluntary cooperation with police investigations.  The only way for Rupert Murdoch to mitigate possible US offences under (FCPA) Foreign Corrupt Practices Act or (RICO) Racketeer Influenced and Corrupt Organizations Act is to be seen to be cooperating with investigations - hence the MSC.  Yet there are clear signals of a sea change in MSC cooperation from May 2012 (see here).  In addition, News Int is pulling up the drawbridge on its out-of-court settlement scheme for victims. It will cease on April 8th.


The logical imperative for News Int is to defend Elveden aggressively through pre-trial legal argument, objections on admissibility of evidence, case and plea management strategies and so on.  Each and every trial holds the prospect of more and more evidence emerging of illegal modus operandi.  For News Corp the priority is the necessity of continuing a gesture of voluntary cooperation. Murdoch has to orchestrate a delicate game of keeping everyone on side and playing conflicting loyalties - police, courts, US authorities, plus employees who may be under pressure to implicate senior executives.

The upshot is the internecine spectacle of News international paying millions to defend against evidence provided by News Corporation - with Sun journalists as mere collateral damage.


Related Articles
Hackgate - "Snakes And Ladders" At The Met
Hackgate - April Casburn's Conviction - Myths And Misconceptions
Hackgate - Varec Revisited - Dissent In The Ranks
Hackgate - Sue Akers' Swansong
Hackgate - "Newsdesk Here, Kelvin Speaking..."
Hackgate - Andre Baker - A Hackgate Footnote?
Hackgate - Ten To Watch For

You can contact the author on Twitter @brown_moses or by email at brownmoses@gmail.com

Hackgate - "Snakes And Ladders" At The Met

The latest from my regular contributor.

At her final appearance before the HASC - Home Affairs Select Committee - (4th September 2012), Sue Akers was asked how the three main Hackgate investigations were organised and what was the chain of command:

- Q54 Michael Ellis: "What about the rank of the officers involved? Do you have a number of officers of senior rank or are most of them detective constables and sergeants? Can you say something about that?"
- Sue Akers: "Yes, I can. I have a detective superintendent in charge of each strand, so there are three of those, one dealing with the phone hacking, one dealing with corrupt payments and one dealing with the Tuleta offences. They each have a detective chief inspector and a small number of detective inspectors." [The witness later clarified: Operation Tuleta does not have a DCI - only Weeting and Elveden]  The rest are sergeants, constables and a fair number of police staff... I have a detective chief superintendent who oversees or hovers above all three of the detective superintendents."
- Q55 Michael Ellis: "So he is your deputy, is he, a detective chief superintendent?"
- Sue Akers: "He is my deputy."

As well as these details of her team subordinates, HASC showed an understandable interest in MET arrangements for replacing Akers when she retired in October 2012:

- Q82 Chair: "Who will take over? Who will take your job?"
- Sue Akers: "Another ACPO officer has been identified and he will-"
- Chair: "Sorry, who is that?"
- Sue Akers: "DAC Steve Kavanagh."
- Q83 Chair: "Where is he at the moment?"
- Sue Akers: "At the moment he is in territorial policing but will-"
- Chair: "So he is at the Met at the moment, is he?"
- Sue Akers: "Yes, but he will be moving to a position where he is able to oversee...we will be moving towards case building and trials, and there will be no need for the amount of scrutiny and oversight that I have had to put in"

Giving evidence to the Leveson Inquiry (p3 6th February 2012), she was also asked about chain of command upwards:

- MR JAY:  "Owing to the size of these operations -- and you're going to tell us in a minute the number of staff who are dedicated to each of them -- your role is one of oversight."
- A.  "Yes."
- Q.  "And you report to the Deputy Commissioner?"
- A.  "My -- who I report who has changed.  I started by reporting to the Assistant Commissioner.  Then, when we had a change at the top, I reported to the Acting Deputy Commissioner, and then another Deputy Commissioner and now an Assistant Commissioner again."
 - Q.  "Of course"

Robert Jay's understated response "Of course" quietly underlined the seismic changes at the top of the MET as a result of the phone hacking scandal.  Chief of these were the resignations of the Commissioner Sir Paul Stephenson and Assistant Commissioner John Yates.  In addition to high profile resignations, the MET has undergone senior management restructuring too during this period. Small wonder then that HASC showed concern:

- Q81 Chair: "You have a huge amount of expertise in this. Who is going to take over? We clearly do not want somebody absolutely new who does not know what is going on."

From this evidence above, the chain of command was fairly clear.  For the three main Operations (Weeting, Elveden and Tuleta), there are a number of constables, sergeants, detective inspectors, detective chief inspectors and detective superintendents. Then at senior level, a designated Detective Chief Superintendent oversees all three investigations.  He reports to a Deputy Assistant Commissioner, who in turn reports to an Assistant Commissioner.

So who are these three key senior officers?  And what IS their familiarity with Hackgate?

THE DETECTIVE CHIEF SUPERINTENDENT - GORDON BRIGGS

The first conviction of Hackgate was on 10th January 2013.  Detective Chief Inspector April Casburn, a serving MET police officer in Counter Terrorism Specialist Operations (SO15) was found guilty of misconduct in public office (see here for background).  BRIGGS was the public face of the MET response to Casburn's guilty verdict.  He faced a throng of print press, broadcast news, and freelance photographers. (video).  From the Guardian

Det Chief Supt Gordon Briggs, who oversees Operations Weeting, Elveden and Tuleta, said: "It is a great disappointment that a detective chief inspector in the counterterrorism command should have abused her position in this way. There's no place for corrupt officers or staff in the Metropolitan police service... In this case DCI Casburn approached the News of the World, the very newspaper being investigated, to make money.

January 25th 2012, BRIGGS wrote to the Culture, Media and Sport Select Committee (CMS) as deputy to Sue Akers. He politely and firmly declined to provide CMS Chair, John Whittingdale, with required information as "To disclose the names of such individuals would require us to disclose private information concerning third parties without their consent."  Whittingdale had requested the names of all MPs and peers thought to have been hacked by the News of the World. (here)  The impasse was later resolved by CMS member Tom Watson MP negotiating with Sue Akers for the numbers of MPs and peers, without disclosure of individual names.

Further back in September 2010 (and coincidentally at the same time as Casburn's leak) NOTW was making news for other reasons:  "Two people have been found guilty of trying to sell an 11-month-old girl as a slave. A 48-year-old man and 29-year-old woman, from north-east London, were exposed offering the child in return for £35,000 in a News of the World sting...with an undercover reporter from the paper."  On their conviction BRIGGS, then heading MET child abuse investigations (here) said

This was an appalling case where individuals have attempted to sell a vulnerable child for their own personal gain and with no consideration whatsoever for her safety and future. We thank the News of the World for bringing this case to our attention and we are indebted to our partners in Newham social services who joined us in a fast-moving operation to recover the victim and remove her to safety.

Even further back, in 2004, BRIGGS attended senior Management Board meetings in his then capacity as Staff Officer to MET Deputy Commissioner/Acting Commissioner Sir Ian Blair. Also present was Commander Andre Baker (see here).

THE DEPUTY ASSISTANT COMMISSIONER - STEVE KAVANAGH 

September 2010 was an challenging month for Steve KAVANAGH at the MET. On September 1st, the New York Times published its exposé on phone hacking - triggering yet more criticism of MET refusal to re-open the investigation. 6th September, under intense public pressure, John Yates, Assistant Commissioner Specialist Operations (ACSO) launched a scoping investigation into the New York Times claims. It was designated as Operation Varec. "John Yates (JY) explained that he wished to maintain the lead for phone hacking within SO (Specialist Operations)." Yates would therefore command 'Gold Group' oversight for Varec. Designated lead at "Silver Group' level for Varec was Commander Steve KAVANAGH.

The first Gold Group operations meeting was the next day, September 10th 2010.  It was some of the information discussed at this meeting which Casburn subsequently leaked to News of the World. Casburn was Detective Chief Inspector in SO15 (Counter Terrorism, Specialist Operations) - Counter Terrorism Command was headed by Steve KAVANAGH (see here).  A week later on September 17th, another substantive Varec Gold Group meeting was called, and later the same day, the MET were alerted to a potential terrorist plot just prior to the Pope's visit to London (p12 here):

At 0317 Commander Steven Kavanagh (a rank equivalent to Assistant Chief Constable in other police forces) was briefed. He reviewed and approved the plans for arrest... At 0340 the options were reviewed at a Gold Group meeting chaired by Assistant Commissioner for Special Operations (ACSO) John Yates.  As ACSO, Mr Yates is responsible for SO15...

In January 2011 Operation Weeting began.  The investigation was taken out of Yates' command, arguably to distance it from criticism and placed instead in the Special Crime Directorate under Sue Akers. 

KAVANAGH'S  hard work paid off as in March 2011 he climbed the ladder and gained promotion to Deputy Assistant Commissioner (here and p3 organisation chart):

...with John Yates, Acting Deputy Metropolitan Police Commissioner, and Catherine Crawford, MPA Chief Executive, acting as advisers to the panel... Acting Deputy Commissioner John Yates, said: 'I´m extremely pleased that two such strong candidates have been successful at the board.' 

One of DAC KAVANAGH'S first duties was to deputise for Yates at a House of Commons Select Committee.  (column 8)

By July 2010 however, the MET was suffering severe reputational damage over its handling of the NOTW scandal. On July 17th Commissioner Sir Paul Stephenson stepped down, the following day John Yates resigned too.  DAC KAVANAGH soon faced an even bigger challenge - coordinating the MET's operational response to the London summer riots.  Meanwhile, Operations Weeting, Elveden and Tuleta gathered pace under Sue Akers.

THE ASSISTANT COMMISSIONER - MARK ROWLEY

Police in-house magazine 'The Job' saw a need to help the confused. (p6 The Job April 2012)

Over the past year, there’s been a lot of reorganisation at the top of the Met. We have a new Commissioner and Deputy Commissioner, and two new Assistant Commissioners. It can be hard to keep track, so here's a chart of who's doing what.....

Akers is shown directly reporting to Assistant Commissioner Mark ROWLEY, Specialist Crime and Operations.  ROWLEY was appointed MET Assistant Commissioner in December 2011.  Prior to this, ROWLEY was Chief Constable of Surrey Police.  Before leaving Surrey, ROWLEY had had to admit on behalf of Surrey Police to the Home Affairs Select Committee that Surrey Police had known about the NOTW hacking of Milly Dowler's phone when it had happened in 2002. (Daily Mail) He was appointed Chief Constable of Surrey Police in 2008, succeeding Bob Quick.  ROWLEY'S Deputy Chief Constable was Craig Denholm.  At time of writing, Denholm is still being investigated for his alleged failure to act on his knowledge of the Dowler hacking for almost a decade.(Guardian)

The resulting IPCC Report is due shortly, though may be in redacted form so as not to prejudice ongoing trials.  Interestingly, ROWLEY had first joined Surrey Police in 2002 as Chief Superintendent, and subsequently was Senior Investigating Officer for 5 years of Operation Ruby - the investigation into the murder of Milly Dowler. It is not known whether or not Denholm informed ROWLEY on his knowledge of the Dowler hacking.

[UPDATE: Brown Moses added this pertinent 2011 observation in the Guardian from 2011]

If hacking's the problem, the Met has hired the right man... The last Met commissioner headed for the exit. Still, others survive and thrive. And that includes Mark Rowley, former chief constable of Surrey, now reborn as an assistant commissioner at the Met. Rowley headed Surrey's investigation into the murder of Milly Dowler [He took overall command for the investigation in 2006]. The News of the World first 'fessed up to hacking Milly's phone that same year. What happened next? Not much. Rowley quite reasonably told MPs no hacking investigation occurred because the murder itself was a priority. Still, it does have the potential to embarrass. Because if you looked at his official biog in July, it revealed that as a detective superintendent at the National Criminal Intelligence Service, he "led on the national deployment of covert techniques to combat organised crime such as telephone interception". Appraised of the facts, he would have realised that what the News of the World was doing wasn't legal. By the time of his move to the Met last month, his Surrey biog had been redrafted. By then, there was no reference to his telephony expertise at all.

(Hugh Muir, Guardian)

It must be difficult for the MET, from its small pool of senior officers, to identify an investigation command structure which might offer a clean break from any Hackgate baggage.  Which is why it is surprising to see yet another shift since Akers' retirement.  Tracing labyrinthine MET re-structurings is tortuous,but Operations Weeting, Elveden and Tuleta -together with DAC KAVANAGH - seem to have migrated back to Special Operations reporting to Yates' successor Assistant Commissioner Cressida Dick.  (Dec 2012 organisation chart here)

Past criticisms of the original phone hacking investigation questioned the wisdom of homing it with counter-terrorism, royal protection and so on.  Given the controversial and compromised history of Specialist Operations re the 2006 Goodman/Mulcaire Operation Caryatid, failures to notify victims, Yates "crap" cursory re-visit of 2009, Operation Varec leaks to the press etc  it's curious to find these high profile investigations right back where they started.


Related Articles
Hackgate - April Casburn's Conviction - Myths And Misconceptions
Hackgate - Varec Revisited - Dissent In The Ranks
Hackgate - Sue Akers' Swansong
Hackgate - "Newsdesk Here, Kelvin Speaking..."
Hackgate - Andre Baker - A Hackgate Footnote?
Hackgate - Ten To Watch For
Hackgate - Dear Surrey Police


You can contact the author on Twitter @brown_moses or by email at brownmoses@gmail.com

Hackgate - Sue Akers' Swansong

The latest piece from my regular contributor.

Metropolitan Police Deputy Assistant Commissioner Sue Akers (Retired) has now delivered her FOURTH - and final - witness statement to the Leveson Inquiry.  Dated October 31st and 'taken as read', Akers' Hallowe'en missive updates Leveson, as promised, with current developments in the multiple MET investigations into phone and computer hacking, corruption of police and other public officials and so on.  No doubt with some sense of relief, she reminds the Leveson Inquiry

However, on 31 October 2012 I will be retiring from the MPS and will be handing over responsibility for Operations Weeting, Elveden, Tuleta and all related investigations to DAC Stephen Kavanagh. 

In her 15 page statement, Akers has much to say of interest and includes  (either explicitly or by omission) some developments in those intriguing 'related investigations' or  'sub-operations' are implied.

The MET continue to liaise closely with the Crown Prosecution Service (CPS) on which charges are most appropriate and have the most chance of advancing successful prosecutions.  Both MET and CPS will be acutely aware that each and every one of their charging decisions, and indeed their liaison process, will come under intense public scrutiny given the criticisms and consequences of the 2006-7 Operation Caryatid investigation into phone hacking by the (NOTW) News of the World's Clive Goodman and Glenn Mulcaire. Neither MET or CPS can afford any more reputational damage or suspicions of lack of backbone in confronting alleged offences by the press. Unsurprisingly then, Akers reveals that both individual and CORPORATE charges are under consideration.

Operation Weeting:  She sets out the known charges brought so far against 7 former NOTW journalists and executives, plus one non-journalist - see CPS statement here, with a provisional trial date set for September 2013.  All eight are now on court bail.  Also, of  "the 17 arrested, six individuals have been released from police bail with no further action being taken. The remaining three individuals remain on police bail until November and December 2012. All three are on bail for offences relating to conspiracy to intercept communications."  The 1 non-journalist above plus another non-journalist are also awaiting charging decisions in relation to associated money laundering allegations.  Lastly, six others previously arrested under Weeting have been released from police bail with no further action to be taken.  Weeting sub-investigation, Operation Sacha, has so far resulted in seven individuals charged with conspiracy to pervert the course of justice: "A hearing for defendants’ applications to dismiss is scheduled for 12-13 December 2012."  One for the diary.

The large proportion of Weeting police resources which had to be devoted to notifying possible victims is almost complete. Those number contacted is at present c. 2,500.  The number of officers tasked is now being scaled back to 12, from a peak of 40.

Operation Elvedon:

...52 arrests consisting of 27 current or former journalists, six police officers, 12 current or former public officials and seven individuals who acted as conduits for corrupt payments. Files have been submitted to the CPS to advise on appropriate charges for three public officials and four journalists (current and former). One police officer has been charged with misconduct in public office and an offence under the Official Secrets Act 1989.

The misconduct charge of this last individual has been reported as being in connection with Operation Varec.

Elvedon charging decisions are now being considered under a range of offences:

• corruption under the 1906 Prevention of Corruption Act
• conspiracy to corrupt
• misconduct in a public office
• conspiracy to commit misconduct in a public office
• aiding and abetting misconduct in a public office
• money laundering contrary to s328 Proceeds of Crime Act 2002 
• bribery contrary to Section 1 Bribery Act 2010

The last is intriguing - it means offences being considered must therefore include allegations which post-date 2010.

Kelvin Mackenzie, amongst others, may belatedly realise that not all of the offences being considered jointly by MET and CPS have a public interest defence. Whilst re-acquainting themselves with the law, Kelvin and his ilk should note that the CPS have overhauled their guidance on what may be held to constitute 'public interest' in evaluating potential charges (see here) and provided a very handy guide to 'Criminal Offences Most Likely To Apply To Be Committed In Cases Affecting The Media', with maximum penalties spelt out clearly.

Akers states that Operation Elvedon is pursuing evidence realting to News International, Daily Mirror, Sunday Mirror, Daily Star and Sunday Star.  Express Newsgroup seem to be more amenable to MET investigation than Trinity Mirror does.

Operation Tuleta:

is conducting an assessment of 142 complaints of data intrusion, including allegations of phone hacking, computer hacking and improper access to banking, medical and other personal records... a vast quantity of data across 70 storage devices is being searched for evidence to support or contradict allegations made... MPS counter corruption databases and relevant HOLMES databases are also being searched. 

Counter-corruption databases?  Must be some joined up thinking going on.  Seventeen individuals have so far been arrested, plus one interviewed under caution on suspicion of offences re the Computer Misuse Act, handling stolen goods (alleged to be mobile phones), and/or perverting the course of justice.

And that's it for Tuleta....  A screechingly abrupt halt on page 10.

But sharp-eyed readers will remember that Sue Akers submitted a 15 page witness statement.  That's easily explained - page 11 REDACTED,  page 12 REDACTED, page 13 REDACTED, page 14 REDACTED, and page 15 REDACTED.

So, presumably for operational reasons and ongoing enquiries, Tuleta's sub-operation Kalmyk is off-limits (for background see here). As are any speculative links to any other past police investigations.


So it's hello to Steve and so long to Sue....

Enjoy your retirement, DAC Akers - "Thank You & Goodbye".


Related Articles
Hackgate - "Newsdesk Here, Kelvin Speaking..."
Hackgate - Andre Baker - A Hackgate Footnote?
Hackgate - Ten To Watch For
Hackgate - Dear Surrey Police
Hackgate - The John Boyall Files
One Rogue Email And The Indestructible Archive  


You can contact the author on Twitter @brown_moses or by email at brownmoses@gmail.com

SOCA, The Met, And The ICO - Joined Up Thinking?

Another post from a regular contributor

So, there's plenty happening with Hackgate.  Lord Justice Leveson has started to send out Section 13 letters, a couple of ex-Times employees have been arrested regarding Nightjack, Tom Crone has been arrested, and the Wapping Weeting defendants are due to plead at Southwark on September 26th.  In Scotland, Operation Rubicon's investigations have now led to the Sheridan Trial Trio being detained, arrested and charged. 

But meanwhile, there are low profile developments gathering pace (or should that be PACE...) involving the Information Commissioner's Office (ICO) and the Serious Organised Crime Agency (SOCA). 

As the Leveson Inquiry starts to wind down for now, the focus for inquisitorial scrutiny will start to shift back where it was before - the Select Committees of Parliament.  The work of Tom Watson et al of the Culture, Media & Sport Select Committee was crucial to unpicking allegations of News International's phone-hacking.  It was ably augmented by the Home Affairs Select Committee looking at Metropoltan Police Service (MET) handling of Hackgate and communications data interception. The Home Affairs Select Committee (HASC) issued its rigorous Report in July 2011, 'Unauthorised Tapping Into or Hacking of Mobile Communications'. 

HASC scrutiny of related issues has though continued - it launched an inquiry into 'private investigators' and held evidence hearings in the spring of 2012.  Aside from issues of regulation, licensing and so on, HASC heard three pieces of evidence of real interest to Hackgate watchers.

• An unrepentant Julian Pike of Farrer & Co was asked again about News International's use of a private investigator in surveillance of Mark Lewis and Charlotte Harris, lawyers acting for phone-hacking victims.
• an unexpected bombshell when (under parliamentary privilege) a witness alleged collusion and corruption of MET officers by a leading private investigator and security industry firm.
• an opportunity to re-visit OPERATION MOTORMAN with the Information Commissioner (ICO).

The HASC Report 2012, 'Private Investigators' is published here.  Deep in the written evidence is a brief supplementary submission (April 2012, p123) from the ICO which repays reading. It seems - perhaps belatedly - there might actually be some cooperation and coordination in investigatory strategy going on.  Whilst the ICO have not prosecuted any private investigators or 'enquiry agents' for the past two years, it says

We have however been engaged in one long-running and complex investigation which we expect to be able to bring to court imminently.

There is little nugget too:

The ICO is also working with other regulators and law enforcement bodies... the Serious Organised Crime Agency (SOCA) have agreed to share some of the evidence obtained in Operation Millipede with the ICO.

 It continues,

Similarly the Metropolitan Police have agreed to share some of the evidence relating to private investigators that they uncover during aspects of the Operation Wheeting investigation into phone-hacking at the News of the World. This information will be collated and used within the (ICO) investigations department to inform and support proactive investigations into rogue elements within the private investigator community.

Joined-up thinking at last by key investigation agencies and (maybe) some signs of a common determination to pursue evidence that has been gathering cobwebs too long.

And that's an intriguing turn of phrase from the ICO - "rogue elements".  One might wonder if it has anything to do with the confidential 2008 SOCA Intelligence Report called 'Private Investigators: The Rogue Element of the Private Investigation Industry and Others Unlawfully Trading in Personal Data'.

Completed by SOCA in Jan 2008, the eight page report was designated 'Restricted' until it was slipped into the public domain in early 2012.  (Hat-tip to Keith Vaz MP for noticing it on SOCA's web site.) It summarises findings about "harms inflicted to the UK by private investigators" from five un-named police investigations, up to and including 2007 when Clive GOODMAN and Glenn MULCAIRE were convicted.  Criminal activities include "unlawfully acquiring data, interception of communications, corruption, and perverting the course of justice."  It is also pointed out that many private investigators have been previously employed in law enforcement or the armed forces: "Such individuals bring with them the skills and specialist knowledge accrued during their previous careers."  Corrupt practices identified also include "accessing their own or associates' recorded convictions; attempting to discover the location of witnesses".

You can read it here.


The five anonymised investigations up to the Intelligence Report cut-off date of September 2007 could conceivably include Operation REPROOF, Operation MOTORMAN and Operation GLADE - these all relate to Hackgate.  Spoilt for choice, perhaps SOCA also included the (as-yet unconnected to Hackgate)  Operation BARBATUS.

Should SOCA consider writing a Volume 2 beyond that cut-off date, the familiar modus operandi might point to several current police Hackgate operations, and perhaps Operation ABELARD II.

Not forgetting there's that rather interesting OPERATION MILLIPEDE - the prime example of a 'Jack-in-Box' investigation.  The one that it is just so difficult to keep the lid on.

Related articles
Unlucky For Some - Section 13
A Battle Royal - Murdoch vs Monarchy
Operation Tuleta - A Second Look
Some Intriguing Hackgate "Known Unknowns"

You can contact the author on Twitter @brown_moses or by email at brownmoses@gmail.com

Operation Tuleta - A Second Look

From a regular contributor:

Things seem to be gearing up for Operation TULETA - the least high-profile Metropolitan Police Service (MET) investigation of the three ongoing as a consequence of the hacking scandal.  The first to start, in Jan '11, was Operation WEETING into phone hacking. It was quickly followed by Operation ELVEDON, looking at newspapers' role in bribery and corruption of police and other public officials.

Operation TULETA was set up later to investigate allegations of computer hacking, interception of emails, stolen phone data etc by journalists, private invetigators and others.  Given MP Tom Watson's view that computer hacking may well turn out to dwarf the scale of phone hacking, it's worth having a closer look at TULETA - what's already in the public domain and what may be to come. A new document dump on the Leveson Inquiry web site last Friday may hold some clues.

Sienna Miller was the first to allege email hacking in her claim against News International and Glenn Mulcaire.  There are more civil litigations for email hacking in the pipeline.  On 19th October 2011, Mark Lewis gave evidence to the Culture, Media & Sport Select Committee.  Paul Farrelly MP asked him (Q1275)

are you aware of any other accessing of information that may have been illegal apart from phone hacking? Is phone hacking the tip of an iceberg? 
...What about computer hacking or reading people’s e-mails?

Mark Lewis: "It seems that voice mail interception or phone hacking is old hat and that the thing to do now with the inquiry agents is to obtain information by way of e-mails. As I understand the technology, one plants a Trojan in someone’s computer by sending them an e-mail that looks innocuous, which then pinches all the e-mails sent out or received and sends them to someone else. I am pursuing a claim. Mr Justice Ross has ruled that it is not going to be part of the voice mail interception claims for a former member of military intelligence, who was subject to, shall we say, a Trojan plant. We know that. That is also subject to a police investigation, so I suppose we have to be very careful, but there is a civil claim for that."

Pressed to clarify by Louies Mensch if this involved only News International titles Lewis added, "in respect of the information that the police are obtaining about another inquiry agent in respect of computer hacking, his clients were from other newspapers."

Some of the impetus for TULETA sprang from the related Operation KALMYK (into allegations of Northern Ireland security force personnel having emails hacked), see Ian Hurst's evidence to Leveson, and Operation MILLIPEDE (which resulted in four convictions).

In essence, computer hacking and email interception via Trojan have been rumoured for years, as has collusion of journalists.  News of the World's Alex MARUNCHAK has been implicated in at least two allegations. Firstly - as far back as 2002 - the surveillance of Dave Cook and Jacqui Hames, both serving police officers. It is alleged that their emails were hacked in an attempt to 'sort out' and derail Dave Cook who was heading the fourth investigation into the murder of Daniel Morgan.
Northern Ireland

Secondly, Ian Hurst's hacked emails relating Northern Ireland intelligence were allegedly faxed to MARUNCHAK at the News of the World offices in Dublin.

The Northern Ireland connection is particularly sinister.  Amongst others, Sir Hugh Orde has been informed by TULETA that his emails may have been hacked when he was Chief Constable of the Police Service of Northern Ireland, as has Peter Hain when he was Secretary of State for Northern Ireland, Peter Hain added that "the police confirmed to me they had not eliminated any news organisation from their investigation."

Scotland

Strathclyde Police are investigating (Operation RUBICON) whether Tommy Sheridan's lawyer and a key witness in the Sheridan perjury trial had their emails hacked. Both hard copies and electronic copies of the emails are alleged to have been circulated which name and implicate senior news staff at the News of the World Scotland.

Stolen laptop and phones

Amongst the large Leveson 'taken as read' document dump is a revealing witness statement by Claire Ward, former Member of Parliament.  It makes fascinating reading as she details her treatment by journalists when she was a younger, newly-elected MP - she details alleged harassment, pressurising phone calls, suspected phone interception, and stress-inducing inaccurate press stories. In one instance, she describes a tense phone conversation with Rebekah Wade.  Most startling however (and possibly of interest to TULETA) is that her laptop computer was stolen from a guarded room in Manchester Town Hall in 2001.  She believes it may have been stolen with the possible involvement of the national press. Claire Ward is convinced that her laptop was deliberately targeted as it contained a substantial number of documents relating to Keith Vaz MP.

More recently, TULETA is investigating the possibility that mobile phones may have been stolen to order.  According to Sue Akers,

In April 2012, ...Operation Tuleta officers discovered instances where staff at NI titles appear to have been in possession of material downloaded or otherwise obtained from stolen mobile telephones. It appears from some of the documentation, which is dated around late 2010, that one mobile telephone had been examined with a view to breaking its security code so that the contents could be downloaded by experts (whose identities are unknown to Operation Tuleta at present) in different parts of the country... A significant and important line of enquiry is identifying the experts used...
One mobile telephone theft took place in Manchester and another in South West London.

In addition, TULETA is doing forensic analyses of computer hardware, phones and data "previously seized as evidence in other enquiries." 

There have been a spate of mobile phone and laptop thefts from within the Houses of Parliament, including a laptop theft from Keith Vaz - Chair of the Home Affairs Select Committee.

It is however possible that these thefts are coincidental and entirely unconnected to TULETA issues.

The first TULETA arrest was that of a private investigator and several journalists have also been arrested.  The latest was that of an unnmamed 55yr old man in Cardiff - not known to be a journalist.  He was arrested 'on suspicion of committing offences under the Computer Misuse Act 1990 and Regulation of Investigatory Powers Act.'

Currently, TULETA  is investigating 101 separate allegations of data intrusion, plus other related matters.  The MET will soon be returning to News Corporation's Management Standards Committee with more requests for relevant documents.  Developments in OPERATION TULETA will no doubt help establish if this is (as both Paul Farrelly and Sue Akers both put it) 'the tip of the iceberg'.

Time will tell.

Related Posts
Hackgate for Beginners
Where Now For The Motorman Files?
Hackgate - Major Upcoming Events


You can contact the author on Twitter @brown_moses or by email at brownmoses@gmail.com

Glenn Mulcaire And His Money-Laundering Charges

Another piece by a regular contributor.

The Crown Prosecution Service (CPS) statement on Tuesday on Operation Weeting charging decisions repays careful reading.  Beneath the headline-grabbing decisions to charge eight people, there are details which are quite telling - particularly regarding Glenn MULCAIRE.

All, with the exception of Glenn Mulcaire, will be charged with conspiring to intercept communications without lawful authority, from 3rd October 2000 to 9th August 2006.

Two things here are of note:-

• Firstly, Mulcaire appears to be the sole exception because he has already been convicted of the relevant offences of conspiracy to intercept - as has Clive Goodman.  Mulcaire is however charged with other alleged offences for which he has not previously been convicted, in relation to Milly Dowler, Andrew Gilchrist, Delia Smith and Charles Clarke.
• Secondly, the lengthy span of time defined also covers the period of illegal activity uncovered by Operation Motorman (c. 1999 to early 2004).  This appears to be a clear signal that the Motorman Files are also NOT ruled 'out of court' as being too historical to pursue.  Sue Akers' evidence on Monday to the Leveson Inquiry seemed to concur.  She made reference in her update to quantities of evidential material which have been collated 'from previous enquiries'.  These are likely to include, amongst others, Operations Glade and Caryatid as well as Operation Motorman.  At least three of those now charged by the CPS under Operation Weeting are also named in the leaked and redacted Motorman Files 'Blue Book'.

Giving her evidence to the Inquiry the day before the CPS charging statement, DAC Sue Akers was careful not to name them in advance of the CPS Announcement.  At the time of her evidence, she identified as pending charging decisions 11 current or former journalists, plus 1 non-journalist (para 13).  The only non-journalist in the batch now charged by the CPS is Glenn MULCAIRE.  Akers' statement continued

The non-journalist referred to at paragraph 13, together with a further non-journalist, is on pre-charge bail in relation to money laundering offences till 24 July 2012. A preliminary file is currently with the CPS for advice in respect of this matter.

So it seems the only 'non-journalist' is additionally awaiting ANOTHER CPS charging decision - not under Weeting-style data interception - but for alleged money-laundering. Hmmmmm.... wasn't that how Al Capone was tripped up?  It really doesn't do to mess with Her Majesty's Revenue and Customs (HMRC) through aliases, numerous questionable companies or undeclared income.  In February 2012, Tom Watson raised a relevant query with HMRC regarding the tax arrangements of those in receipt of cash payments from News International

....some of which are reported to run into tens of thousands of pounds, failed to declare this on their Self Assessment tax returns. The company failed to take appropriate measures to ensure the recipients were paying tax...  I would ask you to investigate whether a true record of cash payments was kept by the company, and whether any records have been destroyed...

...Although I appreciate there are currently three ongoing police investigations into criminal wrongdoing at News International, I think it is imperative that reassurance is given from HM Revenue and Customs that these important issues are being investigated in cooperation with the Metropolitan Police. I am sure you will agree that no company, or individual, should be allowed to get away with what amounts to possible tax fraud by paying too little tax and acting in a dishonest manner.

As noted in this Brown Moses blog post, 'Where Now for the Motorman Files', Glenn MULCAIRE (alias 'Paul Williams', alias 'Alexander') ran a company called 'Nine Consultancy Ltd' which was dissolved in Feb '06, according to Companies House records.  He also owned another company called 'Nine Consultancy UK Ltd', dissolved in 2007.  It is to be hoped that he was efficient enough not to get invoices and remittances muddled up in the accounts of these two similarly named businesses.

Another MULCAIRE company 'Eight Consultancy UK Ltd' (Company No. 06280986) wasn't dissolved until 2009. And yet another MULCAIRE company, 'C & E Intelligence Services Limited', employed the non-journalist Alison MULCAIRE (resident at the same address) as Company Secretary.  Glenn MULCAIRE was re-employed by News International when he was released from prison for phone-hacking. At this time, Alison MULCAIRE owned two more businesses: 'Global Intel Services Limited' and 'Euro Research & Information Services Limited'.

No doubt invoices and remittances for any work undertaken will all marry up with payment records of News International Trading Ltd, the company formerly-known-as, until June 2011, News International Supply Co Ltd.

All terribly complex, isn't it. But with the help of electronic records, most business acounts these days are an awful lot better organised than Al Capone's were, aren't they?

You can contact the author on Twitter @brown_moses or by email at brownmoses@gmail.com

Sue Akers' Evidence At The Leveson Inquiry Points To Serious Legal Trouble For Murdoch And News Corp

A new article from a regular contributor.

Amongst some jaw-dropping evidence on Monday from Sue Akers are these significant elements...

We've worked obviously closely with the CPS, and they have advised us regarding potential offences. We've sought legal advice and in respect of both individual and corporate offences 

Easily overlooked, that reference to "corporate offences" being considered is very significant. Coming hard on the heels of the Culture, Media & Sport Select Committee which found Rupert Murdoch 'not a fit person', it is clear that News Corp should now be worried about the FBI. The Foreign and Corrupt Practices Act (FCPA) is a U.S. piece of legislation which enables prosecution in relation to bad practice, bribery and corruption - whether or not those offences took place on American soil.  News Corp, an American company, is wary of falling foul of FCPA through the UK phone hacking, computer hacking, or bribery of police/public officials. Whilst purely speculation, Rupert Murdoch's resignation as Director of his UK newspaper companies could be explained as a pre-emptive move hoping to mollify the FBI and undertake some damage-limitation for the FCPA storm that News Corp can see looming over the horizon.

Additionally, Robert Jay summarised the current UK offences being considered under Operation Elvedon:

...the well-known corruption offences and new Bribery Act offences, and before the Bribery Act, it was of course the Prevention of Corruption Act.

This indicates that the alleged offences (and arrests) must span a period of time that includes the 'high water' era of News Int questionable tradecraft AND much more recent instances as the new Bribery Act didn't come into force until 1st July 2011.  It seeks to bring UK law closer to international legal frameworks dealing with corruption so includes a focus on corporate wrongdoing creating a

new offence under section 7 which can be committed by commercial organisations which fail to prevent persons associated with them from bribing another person on their behalf

Presumably, willful blindness is no defence. 

It should also be remembered that Sue Akers was updating the Leveson Inquiry on Operations Weeting, Elvedon and Tuleta - but NOT Operation Rubicon which falls within the bailiwick of Strathclyde Police.  More individual - and corporate - offences could considered from phone-hacking, corruption and perjury allegations ensuing from Operation Motorman and the Tommy Sheridan trial.

A perfect storm gathering for News Corp?

Related Posts
Glenn Mulcaire And His Money-Laundering Charges
Hackgate for Beginners - Current Police Operations
Hackgate for Beginners - Past Police Operations

You can contact the author on Twitter @brown_moses or by email at brownmoses@gmail.com

Hackgate - Major Upcoming Events

Another quality article from a regular contributor, this time on what we can expect in the coming months.

As the Leveson Inquiry moves towards its conclusion of Module 3 (the Press and Politicians), there is almost a sense of its role as 'centre of attention' is beginning to devolve and disperse into other arenas as multiple court cases start, new ones are scheduled, imminent decisions made on charges, and more arrests are possible. Here is a round-up of some key Hackgate events to look out for.

Rebekah Brooks: sequencing charges and court appearances

Brooks first appearance at Crown Court happened on June 22nd.  Whilst each of her co-defendants are charged with a single related offence,  Rebekah Brooks is charged with 3 counts of conspiring to pervert the course of justice.  These charges refer to allegations of removing and concealing evidence of phone hacking at News International titles.  In addition, Brooks is waiting to hear if she is to be charged with offences under Operation Weeting (phone hacking) and Operation Elvedon (corruption of police and/or public officials). Scheduling  current or future court appearances will therefore be complex

Rebekah Brooks, the former News International chief executive, should know by the end of the summer whether she is to face further charges in relation to allegations of phone hacking and illegal payments to public officials.

The Crown Court ordered a plea and case management hearing for September 26th.

Glenn Mulcaire Supreme Court decision due any day

Glenn Mulcaire has case ongoing at the UK Supreme Court, against being ordered by the Court of Appeal to reveal the names of those commissioning him at News International.  Legally, the case is very complex. Mulcaire's legal team have argued that he does not have to reveal any information that is self-incriminating, but that is not true of phone hacking which might be legally deemed 'intellectual property'. If it is held that some intercepted phone messages were commercially sensitive and contained intellectual property, Mulcaire's case fails.  The Supreme Court hearing was May 7th and 8th, which resulted in Mulcaire losing the appeal.  It was however argued by his defence that the Supreme Court Decision was flawed. Mulcaire's defence team were given a brief period of a few days to prepare and present their counter-arguments, but this period was extended to take account of the cluster of May, June and Jubilee bank holidays.  To date, the Mulcaire case is stilled listed as 'Awaiting Judgement'.

Charging decisions due under Operation Weeting

Batches of case files have been sent in June to the Crown Prosecution Service for charging decisions.

Batch 1  11 June, relating to five journalists - (RIPA) Regulation of Investigatory Powers Act (2000)

Batch 2  18 June, two journalists, RIPA

Batch 3  21 June, four journalists, RIPA

Batch 4  22 June, one  journalist and "one other individual", RIPA

Charging decisions on these June referrals will be made in due course.

Andy Coulson's appeal to require News International to pay his legal costs

This Appeal Court case should be scheduled soon, following Coulson being given leave to appeal on May 8th '12

Coulson's appeal centres on a severance agreement with News Group Newspapers on 26 January 2007, two days before he resigned as editor of the News of the World... (A previous court hearing) "ruled in December that a clause in the agreement covered only Coulson's "lawful duties" as editor and that allegations of criminal activity fell outside the scope of the contract."

High stakes indeed for Andy Coulson as he awaits more charging decisions under Operation Weeting and Operation Elvedon.

Andy Coulson: Procurator Fiscal to decide on trial for perjury

Coulson has already been charged with perjury in Operation Rubicon (Strathclyde Police investigation into the Tommy Sheridan/ News International perjury trial). Under Scots law, a decision will have to be made in the near future as to whether Coulson will stand trial following this charge.

Contempt of the House: Hinton, Crone and Myler

On 30 April '12, the House of Commons Select Committee (Culture, Media and Sport) published its report 'News International and Phone Hacking'.

It concluded that Les Hinton, Colin Myler and Tom Crone all misled the Select Committee with their evidence.

This resulted in a Commons debate (Column 990 onwards) on 22 May.  On behalf of the CMS Select Committee, its Chair John Whittindale moved that the House refer its outcomes to the Standards and Privileges Committee for appropriate action. Whittingdale's motion was carried.

Although Committees rarely take evidence on oath, the House of Commons 2011 guidance for witnesses giving evidence to Select Committees is clear. It states that witnesses are expected to answer fully, honestly and truthfully, and that "deliberately attempting to mislead a committee is a contempt of the House”.

In theory, contempt of the House could be punished by imprisonment or fine though these have not been imposed for many years. It is therefore arguable whether the ability to impose such sanctions should be deemed to have lapsed into disuse.  An alternative approbation is to be  summoned in person to the bar of the House, to be admonished by the Speaker.

The whole situation is going to be difficult for the Standards and Privileges Committee to resolve. Firstly, Hinton, Myler and Crone continue to deny contempt and stand by their testimony.  Secondly, Hinton and Myler are both now resident in the United States.  Parliament would naturally be loathe to see any - or all three - refuse to attend the House when summoned for admonishment, exposing Parliamentary powers as toothless.  Nevertheless, the Standards and Privileges Committee is duty bound to respond the the House's wishes at some point soon.

Ray Adams and allegations of corruption

On 31 May '12, the Metropolitan Police Service concluded its review of alleged police corruption which had impeded the original investigation into the murder of Stephen Lawrence.  It then made public its conclusion that there was no evidence that corruption shielded the killers of Stephen Lawrence, and that the force had given all relevant evidence to the 1998 Macpherson inquiry.

The Met released the findings of its review on Thursday, which began in March after allegations about corruption in the Lawrence case made in the Guardian and Independent. The claims centre on former Met commander Ray Adams, who was a senior officer in the south London area where Stephen was murdered, and former detective sergeant John Davidson, who was a senior detective on the first, flawed investigation into the racist killing. Adams and Davidson had been the subjects of internal corruption investigations, after which neither officer faced disciplinary or criminal charges. They retired on full police pensions and denied any wrongdoing. Adams, who left the force because of a bad back, went on to work at a Rupert Murdoch-owned company, NDS, in a senior security role.

The next day, despite the Met review conclusions, Home Secretary Theresa May made an announcement: 

A spokesman for the Home Office said: “The Home Secretary has asked for a QC-led review of the work the Metropolitan Police has undertaken into investigating claims of corruption in the original Stephen Lawrence murder investigation.

To date, no timescale has been given for the new review process.

Operation Baronet, the Surrey Police investigation into the hacking of Milly Dowler's phone

Assistant Chief Constable of Surrey Police, Jerry Kirkby, was due to conclude a final report for submission to Levson by the end of May.  A request to the Leveson Inquiry for an update resulted in the following response on 20 June:

The Inquiry is not covered by the Freedom of Information Act, as detailed here - http://www.levesoninquiry.org.uk/faqs/ - but will endeavour to conduct proceedings in an open and transparent manner.  Documents and information will be made available on the website during the course of the Inquiry, as appropriate and as they are referred to in the hearings.  Therefore it would not be appropriate for the Inquiry to comment on the questions you raise.

Given Lord Justice Leveson's commitment to transparency, there must be good reason to decline to release information - possibly to avoid prejudicing imminent legal action against those involved and/or failing to take action at the time.  More information on Operation Baronet can be found here.

Interesting times, watch this space...

You can contact the author on Twitter @brown_moses or by email at brownmoses@gmail.com

Hackgate for Beginners - Current Police Operations

[Back to Past Police Operations]

The Sue Akers Operations

Currently there are four ongoing police operations led by Deputy Assistant Commissioner Sue Akers Head of Organised Crime & Criminal Networks within the Specialist Crime Directorate, one of the main branches of the London Metropolitan Police Service.  These are Operation Weeting, Operation Elveden, Operation Tuleta  and Operation Kalmyk.

The build up to Operation Weeting

Operation Weeting into allegations of phone hacking began on 26 January 2011, after the Metropolitan Police announced they had received a “significant amount” of information regarding the conduct of News of the World employees, and that it would take place alongside the previously announced review of phone hacking evidence by the Crown Prosecution Service (CPS).

This “significant amount” of information was partly based on documents that had been originally seized as part of the 2006 police investigation Operation Caryatid into the interception of phone messages from Clarence House that resulted in News of the World journalist Clive Goodman and Glenn Mulcaire being convicted in 2007, and triggered the resignation of Andy Coulson as editor of News of the World.

In 2009 the Guardian began publishing a series of articles claiming that the culture of phone hacking went far beyond what was discovered in Operation Caryatid, and that a wide range of people across different areas of public life had been victims of hacking.  News Corp and the News of the World strongly denied the allegations, and called on the Guardian to share any evidence they had with the police, while the Commissioner of the Metropolitan Police Sir Paul Stephenson directed Assistant Commissioner John Yates to review Operation Caryatid. 

In a single 8 hour session Yates decided not to take any further action, a decision that was examined at the Leveson Inquiry.  Sir Paul Stephenson said John Yates had ruled there was no fresh material that could lead to convictions, and the force felt it couldn’t justify using resources to investigate the claims due to the focus on anti-terrorism at the time.  Director of Public Prosecutions Keir Starmer told the Leveson Inquiry that he had asked John Yates to consider the contents of the “for Neville” email, but John Yates had told him " that it was not new, it had been seen before and thus I took from that he didn’t consider at that stage there was any point for investigation of [the] email.”.

After the police failed to take further action several public figures began legal proceeding against the News of the World owners News International, part of News Corp, and against Glenn Mulcaire.  Papers lodged in the High Court during litigation proceedings brought by Sienna Miller suggested that Ian Edmondson, a senior editor at the News of the World, was involved in work undertaken by Mulcaire.  This led to News International group general manger Will Lewis being tasked with reviewing any internal documents relating to the 2006 Goodman court case, leading him to re-examine all the files held by Harbotle and Lewis, who had defended News International against an unfair dismissal case brought by Clive Goodman in 2007, which uncovered even more questionable material. 

This material was passed onto a second legal firm, Hickman Rose, who in turn asked the former Director of Public Prosecutions Ken Macdonald to examine the evidence and report his findings to the News International board.  The report found evidence of a variety of criminal activity and recommended to the News International board the matter should be referred to the police, which it immediately did.

The Crown Prosecution Service announced that it would immediately review the evidence collected during Operation Caryatid following by the Metropolitan Police announcing on January 26^th 2011 that it was launching Operation Weeting.

Operation Weeting

As of February 2012 DAC Sue Akers has said there’s currently 90 police officers working on Operation Weeting and related operations, reviewing 11,000 pages of evidence, with 5000 landline phone numbers and 4000 mobile phone numbers mentioned in the documents, and a potential 6349 victims and 829 likely victims as of February 2012. 

Currently 23 people have been arrested as part of Operation Weeting, including at least 15 individuals who have worked for News International or News International newspaper titles. 

On May 15^th Rebekah Brooks, her husband Charlie Brooks, News International security head Mark Hanna and 3 others were charged with conspiracy to pervert the course of justice, with Rebekah Brooks facing three separate counts.

Operation Elveden

This operation is running alongside Operation Weeting and is examining allegations of inappropriate payments made to police, and is supervised by the Independent Police Complaints Commission (IPCC).  As of January 10^th 2012 nine arrests have been made as part of Operation Elveden, including police officers and individuals who have worked for News International newspapers.

Operation Tuleta

Also running alongside Operation Weeting is Operation Tuleta, which is investigating allegations of computer hacking, with DAC Akers stating in February 2012 that there are currently 20 officers looking into 57 claims of “data intrusion” on behalf of journalists, examining 4 terabytes of data.

A handful of arrests have been made so far, but interestingly at least 2 of the arrests were for crimes unrelated to journalists, indicating Tuleta is investigating anyone suspected of commissioning hackers, not just journalists.

Operation Kalmyk

This operation is related to Operation Tuleta, and is believed to be related to allegations of the hacking of Ian Hurst’s computer by Phillip Campbell Smith on behalf of the News of the World.  Ian Hurst has stated he believes Phillip Campbell Smith was working for Jonathan Rees, who has been linked to the murder of Daniel Morgan (something I’ll examine in detail later), and was heavily involved with the News of the World.

Operation Rubicon

Separately to Operation Weeting and its related investigations the Scottish Major Investigation Teams under the command of Detective Superintendent John McSporran are investigating aspects of the evidence presented during the Tommy Sheridan perjury trial, along with specific claims of phone hacking and breaches of data protection in Scotland.  On May 2^nd Scottish First Minister Alex Salmond stated 40 police officers were currently working on the operation and the operation would take precedence over any inquiry the Scottish Parliament decided to set up.

Specific allegations by Tommy Sheridan’s solicitor Aamer Anwar include:

-       Allegations that witnesses gave perjured evidence in the trial of Tommy Sheridan.

-       Allegations that, in respect of persons resident in Scotland, there are breaches of data

-       Alleged offences determined from material held by the Metropolitan Police in respect of ‘phone hacking’ (Contraventions of the Regulation of Investigatory Powers Act 2000) and breaches of data protection legislation in Scotland.

-       Alleged instances of police corruption linked to the above two items.

On May 30th 2012 Andy Coulson was arrested and charged with perjury by Strathclyde Police.

Operation Baronet

Surrey Police’s investigation into the hacking of Milly Dowler’s phone.  Currently said to be in the final stages of the operation, which is expected to be completed by the end of May.

[Forward to The Murder of Daniel Morgan]
[Index]

You can contact the author on Twitter @brown_moses or by email at brownmoses@gmail.com

Links between Greg Miskiw and others involved with the phone hacking scandal

Following on from yesterday’s post on Ray Adams and his relationship with people involved with the phone hacking scandal I’ve decided to focus on one of the individuals he was linked with, Greg Miskiw:

Another police officer, Sid Fillery, was arrested at the time but later released. Mr Fillery went to take over Mr Morgan's job at Southern Investigations. Mr Fillery also had charges of perverting the course of justice dropped but was later convicted on 15 counts of making indecent images of children.

Mr Rees was being paid by News International to the tune of around £150,000 a year and shared a business address with former senior NI executive (and Northern Ireland editor) Alex Marunchak. Mr Marunchak also likes hackers as he paid one to crack Ian Hurst's (alias Martin Ingram) home PC. Mr Rees also established the firm Abbeycover, at the same address as Southern Investigations, with the former news editor of the News of the World, Greg Miskiw.

As News of the World assistant editor to Andy Coulson (NotW editor 2003-2007) Greg Miskiw gave Glenn Mulcaire a full-time contract, the only private investigator to have a full time contract with the News of the World. Glenn Mulcaire was working as an assistant for John Boyall, who in the late 1990s had been used by the NotW to acquire information from confidential databases . After a falling out between the paper and John Boyall Greg Miskiw appears to have poached Glenn Mulcaire from him.

Greg Miskiw’s and Glenn Mulcaire’s relationship was brought up in a number of inquiries, as reported in the Daily Telegraph:

Records seized by police from the home of Glenn Mulcaire, a private investigator jailed for hacking for the newspaper, had “Greg” written in a corner. In a legal case involving the actress Sienna Miller, the High Court was told this referred to Mr Miskiw.

In 2009, a parliamentary committee was shown a document on headed News of the World notepaper in which Mr Miskiw offered Mulcaire a £7,000 bonus if he could obtain information to help with a story about Gordon Taylor, the former head of the professional footballers’ association. Mr Taylor later received a secret £700,000 pay-off from the newspaper, after it admitted his phone had been hacked.

Greg Miskiw and John Boyall would be interviewed as part of Operation Glade (corruption in the police service 2003-2005) and the Andy Hayman led Operation Caryatid (phone hacking of royals 2006-2007) along with Glenn Mulcaire. Nick Davies also reported that Greg Miskiw was questioned as part of Operation Motorman (2003-2005).

As mentioned above, Abbeycover was established by Greg Miskiw and Alex Marunchak registered at the same address as Southern Investigations, run by Rees and Sid Fillery. Rees also registered the company Pure Energy at the same address.  This seems to link Greg Miskiw, Jonathan Rees, Sid Fillery, and Alex Marunchak. Alex Marunchak and Jonathan Rees would be linked to Operation Kalmyk, part of Operation Tuleta into trojan emails and computer hacking, with Operation Kalmyk specifically relating to Stakeknife and Ian Hurst.

Greg Miskiw was arrested in August 2011 on suspicion of unlawful interception of communications and conspiring to intercept communications, one month after Terenia Taras, a 39-year-old freelance journalist and ex-girlfriend of Mr Miskiw, was arrested on suspicion of conspiring to intercept communications. Both were arrested as part of Operation Weeting, with Terenia Taras being told she would not face further action by the CPS in July 2012.

Now there’s plenty more to be said about other individuals involved, such as Jonathan Rees and his hiring by Andy Coulson after serving his jail term, and I'll cover those later. By focusing on individuals I'm hoping to make some of the more complex relationships in the phone hacking scandal easier to understand.

You can contact the author on Twitter @brown_moses or by email at brownmoses@gmail.com