Hackgate - The IPCC and Surrey's "Collective Amnesia"

Published in late April '13, the Independent Police Complaints Commision (IPCC) Commissioner’s Report entitled 'IPCC independent investigation into Surrey Police’s knowledge of the alleged illegal accessing of Amanda (Milly) Dowler’s mobile phone in 2002' runs to just 6 scathing pages.  Its key observation is that

former senior officers at Surrey Police were 'afflicted by a form of collective amnesia' in relation to the force’s failure to investigate an allegation in 2002 that the voicemail of Amanda (Milly) Dowler had been hacked by the News of the World (NOTW).

The relevant documents in the public domain consist of a letter from Surrey Police to the Culture, Media and Sport Select Committee (CMS) on Surrey's own investigation (Operation Baronet), evidence read-in to the Leveson Inquiry from the Metropolitan Police Service (MET), as well as that IPCC Commissioner's Report.  The latter specifically focused on the referrals of Maria Woodall and Craig Denholm for potential recordable conduct.

MARIA WOODALL

Then: In 2002, Maria Woodall was Detective Sergeant and Action Team Manager of Surrey Police's investigation Operation Ruby into the abduction of missing teenager Millie Dowler. She appears to have been frank with the IPCC that the hacking of Millie's mobile phone by NOTW was known by several on the investigation team - for example, DC John Lyndon's 23rd April '02 log entry (p14)

...in light of the News of the World revelation that they or a third party has accessed the voicemail it is possible that the messages had previously been listened to by unknown persons and deleted.

Millie's mother Sally recounted to the Leveson Inquiry (p14) her own suspicions that NOTW had intercepted family phones to get a particularly intrusive story for publication ('The Longest Walk').

Woodall's referral to the IPCC  however was not about 2002. She was investigated for allegedly failing to pass on knowledge of NOTW's hacking later during the investigation which led to the convictions of Clive Goodman and Glenn Mulcaire (p4):  

The case against her rested on her actions and knowledge in 2007, when the first phone hacking convictions took place. It is clear that at that point she accessed the HOLMES system to view documents from 2002 associated with phone hacking.

Though the IPCC investigation "concluded that there was no case to answer for misconduct."  From 2006, Operation Ruby's Senior Investigating Officer (SIO) was Detective Chief Superintendent Mark Rowley. It is not known if Woodall informed him of her HOLMES searches.

Now: Temporary Detective Superintendent Woodall is about to leave Surrey for a new job with the City of London Police.

STUART GIBSON

Then: Detective Chief Inspector Gibson was the initial appointed Senior Investigating Officer (SIO) when Millie Dowler disappeared in March 2002.  It has been alleged that Gibson was one of the Surrey officers who met with NOTW senior journalists and were told of the hacking. (here)

Documented evidence of his meeting(s) with NOTW are missing.  Within a few weeks, Gibson was removed from Operation Ruby. The conclusions from a progress review by Sussex Police undertaken in the summer of 2002 are here.

At the same time, there was adverse criticism from the press - one "describing the investigation under DCI Gibson as 'rudderless' and this media coverage has since been described by (then Deputy Chief Constable) Peter Fahy as 'a factor in replacing the SIO for [the investigation]".  (p9)

Now: Stuart Gibson is retired.

The IPCC Investigation also states that amongst senior officers interviewed were those at Association of Chief Police Officers (ACPO) level.

CRAIG DENHOLM  (ACPO level)

Surrey Police's evidence to the CMS Committee and the Leveson Inquiry came from Assistant Chief Constable Jerry Kirkby. Normally, both might have warranted the attention of the force Chief Constable.  However, Surrey's Chief Constable Mark Rowley had just left for a new post with the MET and Temporary Chief Constable Craig Denholm was himself implicated as the focus of Operation Baronet.

Then: In 2002, Detective Chief Superintendent Denholm (Head of Crime) was Overall Officer in Charge (OOC) of Operation Ruby - the immediate superior officer to SIO Stuart Gibson.

The case against Denholm "rested on his claim to have had no knowledge about the alleged hacking of Milly Dowler’s phone before this was revealed publicly in 2011. Given the extent of knowledge within the investigation team, and Surrey Police as a whole, and the fact that this was referred to in documents which he is known to have received, the investigation found it hard to understand how he, the officer in charge, could not have been aware of the alleged hacking. But despite detailed examination of all extant documents and interviews with all relevant witnesses, the investigation was unable to find any witness or documentary evidence that contradicted Mr Denholm’s own repeated assertions to the IPCC that he did not know, and had not made the relevant connections. In view of that...there was insufficient evidence to support a finding of a case to answer for gross misconduct."

Now: Denholm has just been appointed Deputy Chief Constable of Hampshire Police. Its Chief Constable Andy Marsh said: "Craig is an experienced and very capable DCC with a good track record of leadership and delivery of excellent policing services to the public."

MARK ROWLEY (ACPO level)

Then: Rowley joined Surrey in 2002 as Chief Superintendent to command West Surrey Basic Command Unit.  Previously (Guardian)

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' 

Rowley became Surrey Assistant Chief Constable from November 2003 and assumed the role of OOC for Operation Ruby in 2006.  He was appointed Chief Constable in 2009. Following the conviction of Levi Bellfield in 2011 for Millie Dowler's murder, Rowley iniated Operation Baronet under AC Jerry Kirkby.

Now:  Rowley is Assistant Commissioner at the MET. For some time he was direct superior officer of DAC Sue Akers command of Operations Weeting, Elveden and Tuleta.  Responsibility for these investigations was subsequently transferred to AC Cressida Dick.


PETER FAHY  (ACPO level)

Then: Throughout 2002, Fahy was Deputy Chief Constable of Surrey Police under Chief Constable Denis O'Connor. Fahy left Surrey in Dec '02 to become Chief Constable of Cheshire Police.

Now: Knighted in 2012, Sir Peter Fahy is currently Chief Constable of Greater Manchester Police.

DENIS O'CONNOR  (ACPO level)

Then: In 2002, O'Connor was Chief Constable of Surrey Police. In all available evidence, O'Connor has been very keen to distance himself from the NOTW phone hacking in 2002.  Instead, he has consistently emphasized his heavy reliance on Peter Fahy's responsibility to have informed him:

You will understand that as a discipline authority, not everything reaches the Chief Constable, who must sit in judgment of things. So I may have been partially safe from it, but I would have expected and, you know,my sort of --my concern with the mission of policing and its credibility, that people would have drawn -- my senior staff, my professional standards department -- if there was anything significant, they would have told me... Particularly my Deputy Chief Constable at the present (sic) time, Peter Fahy, I had absolute faith in his integrity. I thought he would make the right judgments

Lord Justice Leveson did however challenge O'Connor on this strategy of continuing, unsighted insulation (pp 98-100).  His witness statement added (1st witness statement, p7):

I am not fully sighted on the details of the alleged contact between the News of the World and my staff during the Amanda Dowler investigation (I have deliberately limited my contact with Surrey Police pending current investigations) so cannot comment on the specifics of this issue.

Now:  Knighted in 2010, Sir Denis O'Connor is currently Her Majesty’s Chief Inspector of Constabulary.

And STILL there are inconsistencies emerging on the hacking of Millie Dowler. Note the investigation of Maria Woodall "rested on her actions and knowledge in 2007, when the first phone hacking convictions took place. It is clear that at that point she accessed the HOLMES system to view documents from 2002 associated with phone hacking."

Yet it is debatable just how much documentation was on the second generation HOLMES (Home Office Large Major Enquiry System) in 2002... or even in 2007. The - redacted - Sussex Review of September 2002 made Operational Recommendations:

Recommendation 56
That Surrey Police in general ensure that sufficient analysts are trained on the HOLMES 2 system.
Recommendation 57
That Surrey Police formulate an appropriate policy regarding the typing of at least the most significant 'other documents' onto HOLMES 2 during any enquiry.

Were those Sussex Police recommendations ignored? Or if significant 2002 Dowler phone hacking documents were in the HOLMES system, were they still there when Woodall looked in 2007? Had some disappeared by the time of the 2012 Operation Baronet?  Given that one of the aims of HOLMES is to facilitate crucial information access across force boundaries, was cross-force access to HOLMES 2002 documents volunteered by Surrey to Operation Caryatid (the MET 2005-6 investigation into Goodman and Mulcaire)? If not, why not?  Alternatively - following the high profile convictions of Goodman and Mulcaire in 2007 - Woodall may have tried to access cross-force MET HOLMES databases on NOTW phone hacking.

There were none. The MET did not enter details of the key Mulcaire Archive into HOLMES during the Operation Caryatid investigation in 2005. Or 2006. Or post-conviction in 2007.  It was only in July 2009, following intense criticism, that the MET's John Yates ordered the phone hacking data entry into HOLMES to enable victim notification. It was costly, protracted, and poorly executed.

The IPCC confirms "widespread knowledge uncovered in this investigation, we consider that it is scarcely credible that no one connected to the Milly Dowler investigation recognised the relevance and importance of the knowledge that Surrey Police had in 2002...There is no doubt, from our investigation and the evidence gathered by Operation Baronet, that Surrey Police knew in 2002 of the allegation that Milly Dowler’s phone had been hacked by the News of the World. It is apparent from the evidence that there was knowledge of this at all levels within the investigation team  ...former senior officers in particular appear to have been afflicted by a form of collective amnesia about this"

All this is highly reminiscent of the (contagious?) 'omerta' culture at the News of the World. Surrey Police seem to have demonstrated the self-same collective amnesia and willful blindness of NOTW senior executives, the plausible deniability of Andy Coulson, the trusting reliance on subordinates of Rupert Murdoch, the inability to read a log/email chain of James Murdoch, the document preservation abilities of News International's Datapool 3 team, and the reputational management skills of Colin Myler.

To date, six have been charged with conspiracy to intercept the voicemail messages of Millie Dowler in April 2002 - Rebekah Brooks, Andrew Coulson, Stuart Kuttner, Greg Miskiw, Neville Thurlbeck and Glenn Mulcaire.  Unless all six defendants plead guilty, these charges will have to be defended in open court. So there is much more evidence yet to emerge on the Dowler hacking, including the potential for former senior officers of Surrey Police being called as prosecution witnesses.

The short IPCC Commissioner's Report is a much-truncated and redacted version. The full IPCC formal Investigation Report "contains full details of the evidence supporting the findings and conclusions and the report into this case is not being published at this time at the request of the Crown Prosecution Service, in view of ongoing criminal proceedings."

This sorry Surrey saga is not over yet.


Related Articles
Hackgate - Springwatch
Hackgate - Elveden: Murdoch Or King Cnut?
Hackgate - Elveden - Murdoch's Catch 22
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

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

Hackgate - Springwatch

A summary of recent events and what to watch out for from my regular contributor.

1  Kavanagh's replacement?

No, not Trevor.  As discussed here back in January, all Hackgate investigations were quietly migrated back to the home of their troubled and stuttering genesis in Specialist Operations under Assistant Commissioner (AC) Cressida Dick.  After Sue Akers' retirement, responsibility for Operations Weeting, Elveden and Tuleta had passed to Deputy AC Steve Kavangh. Kavanagh promptly applied for the post of Chief Constable of Essex Police and was confirmed in his new post in February.  Meanwhile, no news has emerged of who now has operational command of Operations Weeting, Elveden, Tuleta as DAC Kavanagh's designated replacement.

That leaves AC Cressida Dick holding the Hackgate baby, having to act as spokeswoman in defending those dawn raids and arrests of journalists (see here), at the same time as justifying why Counter Terrorism should remain within her Metropolitan Police (MET) command and not be transferred to the new National Crime Agency.  It would be interesting - and in the public interest - to see some clear up-to-date statement from the MET on the chain of command of the Hackgate investigations. Perhaps Chair of Home Affairs Select Committee Keith Vaz MP might ask?

2  Craig Denholm and the IPCC

Still waiting for any sign of that Independent Police Complaints Commission (IPCC) report following the investigation into aspects of the Milly Dowler phone hacking in 2002.  (for background see here)

Surrey's Deputy Chief Constable Craig Denholm and Det Sup Maria Woodall were referred for IPCC conduct investigation in June 2012.  By November 2012, it was reported (Guardian) that the IPCC report was "almost complete" and due to be submitted to Surrey Police by the beginning of December.  Denholm then applied unsuccessfully for the post of Chief Constable of Devon and Cornwall.  Despite suspicions that the report would be delayed for 18 months or more (here) whilst Denholm would be allowed to retire from Surrey, in January 2013 the IPCC

said it has completed its file on Craig Denholm, the senior police officer who allegedly knew the News of the World had hacked the phone but took no action.  Speaking to the BBC, chief constable Lynne Owens described the police watchdog’s report as “thorough” and said Surrey Police will decide what action to take in the wake of ongoing criminal investigations.
The IPCC has said it is now awaiting chief constable Owens response to the file.

3  Media Plurality

Debates on the Royal Charter and press regulation have taken centre stage, allowing key issues of media ownership to be overshadowed. A News Corporation re-newed bid for BSkyB has even been rumoured.

In the US though, Rupert Murdoch is not yet getting his own way in expecting a waiver to laws designed to prevent market dominance in Los Angeles and elsewhere.  Similar pan-European legislation is also being mooted (here) through a recognised European Citizens' Initiative.  Meanwhile in the UK, ownership concentration is back on the Parliamentary agenda - with a focus on safeguarding plurality particularly in news provision across media platforms.

On March 28th, the House of Lords Select Committee on Communications announced its new inquiry into Media Plurality.  It aims to give its recommendations in Autumn 2013.  Its call for evidence says

Achieving a workable approach to plurality, particularly in provision of news and current affairs, is generally considered fundamental to a well-functioning democratic society, ensuring as far as possible informed citizens and a media without any single set of views or individuals wielding too much influence over the political process. Any consideration of plurality is, of course, heavily tied in with the wider context of the future of news provision more generally, particularly of newspapers....issues surrounding media plurality are once again under the policy spotlight, prompted by concerns raised about the proposed (and then dropped) acquisition of BSkyB by News Corporation; Ofcom’s report on Measuring Media Plurality; Lord Justice Leveson’s report; the report by the European Commission’s High Level Media Group on Media Freedom & Plurality; and the recently-launched European citizens’ initiative for media pluralism.

4  The ICO and Data Protection Act

Published in March, 'The Functions, Powers and Resources of the Information Commissioner' is the latest, and timely, report from the Justice Select Committee.

The phone hacking scandal and the subsequent inquiry by Lord Justice Leveson into the ethics, practice and culture of the press drew attention to the past failings of the ICO during Operation Motorman. It also showed the importance of data protection and the need for a regulator with the ability to take effective action.

The Data Protection Act, with its controversial Section 55 applicable to press intrusion, came back under the Justice Committee scrutiny.  Surprisingly, it appears that a conviction under Section 55 does not currently result in a criminal record.  The ICO

argued that criminal records, which are a matter of both deterrence and of assisting detection, were essential in reflecting the seriousness of the offence. At present the offence of unlawful obtaining etc is not a recordable offence. It is not therefore recorded on the Police National Computer. Fingerprint impressions, DNA samples and descriptive details are not currently taken from those individuals who are prosecuted by the ICO for the section 55 offence 

Unsurprisingly, the Justice Committee wishes to see Section 55 breaches recordable.  As for triggering legislation to include custodial sentences (up to 2 yrs, subject to public interest defence), the Report strongly recommends

Introduction of the option of custodial sentences for section 55 offences would emphasise their seriousness. We call on the Government to adopt our previous recommendation, as well as that of the Home Affairs Committee, the Joint Committee on the Draft Communications Data Bill and the Leveson Inquiry, and commence sections 77 and 78 of the Criminal Justice and Immigration Act 2008 to allow for custodial sentences for breach of section 55 of the Data Protection Act 1998.

5  Operation Elveden conviction

There have so far been four convictions in Operation Elveden for the offence of Misconduct in Public Office.  Yet each individual sentence has been different. April Casburn received 15 months imprisonment. She had pleaded not guilty so did not have her sentence reduced on conviction

The defendant does not have the benefit of the mitigation that would have accompanied a guilty plea.
Without the important complicating factor [ongoing child adoption process]..., the sentence would have been 3 years imprisonment.

On March 27th, three others were sentenced for misconduct offences for which each had pleaded guilty.  Alan Tierney, former Surrey police officer, received 10 months and 6 months (concurrently) for two offences, whilst former prison officer Richard Trunkfield was sentenced to 16 months for a single offence.  Another police officer (un-named for legal reasons) was given a term of 2 years.  He was told

the offence warranted a sentence of three years, but because of his early guilty plea he was reducing the sentence by a third. 

What seem at first sight to be discrepancies in sentences are explained by each individual sentence being increased or decreased for a variety of specific aggravating / mitigating factors.  These can include an early guilty plea or - as in Trunkfield's case - the extreme sensitivity of the identity of the prisoner about whom he leaked information.  There are guidelines, but Judge's discretion is exercised in applying sentence reductions.

Those charged with similar offences may well pause for thought - the only factor common to all four convictions is that emergent 'baseline' of three years.

6  Business as usual?

Midsummer '11 was a tectonic shift for the UK press.  Ably traced by News International seismographer Peter Jukes' book 'The Fall of the House of Murdoch', the 'fourteen days that ended a media dynasty' shook the fourth estate and toppled the News of the World.

On June 20th, Operation Elveden commenced - the new investigation into alleged bribery of police and public officials.  This marked a widening of the scope of alleged Hackgate offences, and was to be supervised by the Independent Police Complaints Commission (IPCC).  On 13th July, the Leveson Inquiry was announced by the Prime Minister.

Yet evidence is now emerging that that seismic 'moment' of summer '11 may not have brought malpractice to a juddering halt.  The recent resurgence of Elveden charges and convictions warrant some analysis, particularly the date ranges of alleged offences. Crown Prosecution Service (CPS) charging decisions have been accompanied by CPS statements (here)

made in the interests of transparency and accountability to explain the decisions reached in respect of cases arising from Operation Elveden, which is the Metropolitan Police Service investigation into allegations involving the unlawful provision of information by public officials to journalists.

• CPS Statement dated 15/05/2012  details News International-related charges for alleged offences up to July 19 2011.
• CPS Statement dated 20/03/2013, News International-related charges alleged offences up to August 2011.
• CPS Statement dated 22/01/2013, News International-related charges alleged offences up to September 2011.
• CPS Statement dated 20/11/2012, News International-related charges alleged offences up January 2012. 

These are in addition to Sue Akers' evidence to the Leveson Inquiry (paras 22-24)

• Trinity Mirror-related alleged offences up to January 2012
• Express Newspapers-related alleged offences up to February 2012

In each instance, the alleged offences took place AFTER the start fo Operation Elveden and the announcement of the Leveson Inquiry.

Hardly evidence of a cryogenic 'chilling effect' -  if proven, some might call this sheer hubris.

7  Farewell to Vos and Fulford

Judges presiding over phone hacking cases elevated to higher office - Mr Justices Vos and Fulford to become lord justices of appeal, and will not handle trials of former News International staff.

Both Vos and Fulford have made their individual marks on Hackgate, laying foundations in key civil and criminal cases for their respective successors.

Most memorable quote from Justice Vos:

They [News International] are to be treated as deliberate destroyers of evidence.

Most memorable quote about Justice Fulford:

At last members of the jury, we have a decent judge! 

8  Sun solidarity 

Sun staff show support as deputy editor appears in court

This is an interesting and thoughtful development, brought about by watching news footage of a fellow reporter's lone walk into court. It accompanies a new site, Call to Arms Now (here).  It is an informal invite to journalists to show dignified support for each other at each court appearance because "we as journalists have been sitting back watching colleagues we know and respect having their lives turned upside down for simply doing their job."  This quiet demonstration of solidarity could certainly be an opportunity to demonstrate their genuine strength of feeling.

But demonstrate that depth of feeling to who, exactly?  The Met for the dawn arrests?  CPS for the charging decisions? Courts? Hacked Off?

Or even perhaps Rupert Murdoch?

It certainly has the potential to demonstrate quiet determination to News Corporation. The Sun journalists should have no illusions about the veneer of loyalty shown them by their employer whilst it suits News Corp, or the speed at which it will disappear if it becomes inconvenient. Given the hostility towards the Management and Standards Committee (MSC), hacks seem in no mood to be hung out to dry should favoured senior executives not stand shoulder-to-shoulder with them in the dock.

If I were Murdoch I would be keeping a watchful eye open for where this new-found journalist solidarity might lead.


Related Articles
Hackgate - Elveden: Murdoch Or King Cnut?
Hackgate - Elveden - Murdoch's Catch 22
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..."

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

The Milly Dowler Hacking - Part 2: Discrepancies And Delays

Part 1 provided contexts up until just after Milly Dowler's disappearance.  Part 2 looks at when evidence and suspicions of NotW hackings could - perhaps should - have been unearthed.

May 02  Seven weeks after her disappearance, Bob and Sally Dowler were stalked by NotW whilst they quietly re-traced missing Milly's last known steps. Their 'grief walk' became a major story in NotW, with surveillance photo.  Sally told her police Family Liaison Officer that NotW could only have found out their plans from their phone conversation or a police source.

SURREY Police therefore had an opportunity to connect their knowledge of NotW phone hacking and suspicions that it was still continuing, with Milly's parents as targeted victims.  Adjoining force, Sussex Police, were requested to start a review of the SURREY Dowler enquiry. It is not known if SURREY's knowledge of NotW hacking was disclosed to Sussex officers.  Another missed opportunity.

16th July 02  A major discrepancy here.  According to a SURREY Police statement in 2012 (page 13), this date was when NotW met with SURREY Police detectives Craig DENHOLM and Stuart GIBSON of the Miller Dowler investigation team.  This contradicts The Independent's report  (also cited in Part 1) that two face-to-face meetings had taken place weeks before, in April. The July 16th timing is debatable however as Stuart GIBSON had already been replaced on the Dowler investigation in late June.

Aug 02  The Soham murders, Cambridgeshire.  In 2011, the victims' parents were informed by police that their phone numbers had been found in Glenn MULCAIRE's notebooks.

Sept 02  Milly Dowler's body found.

Nov 02  Devon and Cornwall Police's Operation REPROOF planned with ICO their first raid on suspect premises.  As per good practice REPROOF informed, liaised with and secured necessary support from the relevant geographical constabulary - SURREY Police.  REPROOF and ICO then raided the business premises (Guildford, SURREY) and home (Caterham, SURREY) of John BOYALL. As a result of material seized, ICO commenced OPERATION MOTORMAN, their investigation into widespread data offences.

Mar 03  Raid on Steve WHITTAMORE's Hampshire home and the business premises of 'JJ Services' , registered address Sutton, SURREY - on the SURREY/MET border. Evidence was found of illegal access to the Police National Computer (PNC) and two other suspects were investigated - one was a civilian worker at a MET police station. The other, retired MET officer Alan King, had his private investigator premises in London searched and his home in Coulsdon, SURREY.

Apr 03  OPERATION MOTORMAN investigators briefed MET officers on their evidence that PNC information had been accessed by WHITTAMORE associates.  The MET then started preliminary investigations, prior to establishing their own formal Operation GLADE.  Also in April 03, Bob QUICK left the MET for his new appointment as Deputy Chief Constable of SURREY Police.

May 03  ICO investigators gave the MET further detailed update presentations on OPERATION MOTORMAN and evidence uncovered for use in Operation GLADE. The unsorted MOTORMAN Files continued to be organised and compiled into an electronic database.

Aug 03  OPERATION GLADE officially commenced - this MET investigation was restricted to only some of the PNC offences uncovered by MOTORMAN.

2003 - 04 Controversially, OPERATION MOTORMAN refrained from interviewing any journalists.  OPERATION GLADE interviewed only seven journalists; none were prosecuted.  More missed opportunities.

Oct 04  Bob QUICK promoted to Chief Constable, SURREY Police.

Apr 05 OPERATION GLADE investigation concluded in convictions of John BOYALL, Steve WHITTAMORE, ex-MET officer Alan King and MET civilian worker Paul Marshall after guilty pleas.  Via prosecutions preparations, copies of the MOTORMAN Files remained in the possession of the MET and the Crown Prosecution Service (CPS). The ICO retained their own MOTORMAN database and the original hard copy evidence.

Just a few weeks later, members of the royal household began to suspect their phone messages were being intercepted by NotW.  Their suspicions were raised with MET Counter-Terrorism/Royalty Protection - the command headed by Andy HAYMAN. Dec 05 the resultant covert investigation started - OPERATION CARYATID.

Apparently, the MET failed to make any connection between CARYATID and the MOTORMAN or GLADE investigations, despite NotW featuring so largely in all three operations.

8 Aug 06  OPERATION CARYATID raided the London home and attempted to raid the NotW Wapping office of royal correspondent Clive GOODMAN. Simultaneously, Glenn MULCAIRE was also arrested and a large quantitiy of material seized from his London home and from business premises in Sutton, SURREY.

CARYATID established extremely narrow parameters solely to inform 4 priority categories of people named in MULCAIRE's notebooks and defined as victims - royal, politicians, police and national security.  Even so not all were informed, including Deputy Prime Minister John Prescott.  MULCAIRE's information gathered about the Dowler family was undiscovered in his notebooks, and stored by the MET in bin bags.  Yet another opportunity missed.

Nov 06  GOODMAN and MULCAIRE convicted.

2007  Gordon Taylor negotiations on his settlement with NotW.  His lawyer, Mark Lewis, gained a crucial court decision ordering diclosure of all relevant material held by:
MET (from MULCAIRE and OPERATION CARYATID)
CPS Crown Prosecution Service (limited material from OPERATION CARYATID)
ICO (from OPERATION MOTORMAN)

It seems that all evidence of the Dowler hackings was still left overlooked in this disclosure search process.

Mar 08  Bob QUICK left SURREY Police for new post at the MET as Assistant Commissioner Specialist Operations (Counter-Terrorism, Cabinet and Royal Protection).  It is not apparent if he was briefed on OPERATION CARYATID and its implications for royal, national security and senior politicians' protection. And if not, why not.

Apr 08  Craig DENHOLM left SURREY Police for his new post as MET Commander working directly with Assistant Commissioner John YATES.

June 09  Craig DENHOLM left MET and returned to SURREY Police for promotion to Deputy Chief Constable.

July 09  John YATES did his one-day assessment to decide that re-examining OPERATION CARYATID unused evidence was unnecessary.  Questions are still unanswered as to whether or not DENHOLM informed YATES what he knew, and his '02 meetings with NotW when they had admitted Milly Dowler's mobile phone was hacked.  And if not, why not.

Also in July, the CPS undertook its short, parallel consideration of its limited CARYATID material and supportively agreed with YATES that no re-investigation was justified.

The Dowler evidence in bin bags of MULCAIRE material continued to be overlooked.

Aug 09  YATES instructed CARYATID material to be collated and (for the first time) entered into a searchable database.  This work took months

2010  Civil litigations, Select Committee evidence and other revelations increasingly rendered NotW's 'one rogue reporter' defence untenable.

Jan 2011 MET announced the start of the OPERATION WEETING investigation into phone-hacking.

Apr 2011  Sally and Bob Dowler are finally informed by OPERATION WEETING that their (and their murdered daughter's) phone mesages had been intercepted. 

Apr 2012  The Culture, Media & Sports Select Committee reported that John YATES "told us that the eventual number of additional victims who were contacted as a result of the supposedly more vigorous investigation in 2009 was just eight." (para 259)

Inexplicably - and unforgivably - this was more than nine years after SURREY Police knew of the Milly Dowler phone hacking.

There may yet be legal repercussions for SURREY.  They are mentioned twice in court rulings of the 'Mobile Telephone Voicemail Interception Litigation'.  The Generic Particulars of Claim (the agreed basis for all current and future litigation) states that NotW journalists  "had admitted to Surrey Police in April 2002 that the First Defendant (News Group Newspapers) had unlawfully accessed Milly Dowler's voicemail messages."

Plus, Mr Justice Vos has adressed another ruling to the MET on processes for disclosures to claimants.  Vos ordered the Met to disclose to claimants relevant documents, computer data and other material - including that of

the Respondent (The Commissioner of the Police of the Metropolis), the First Defendant (News Group Newspapers),  Clive Goodman and the Surrey Police.

Grouped together in this way, they look a motley crew...

Related Posts
The Milly Dowler Hacking - Part 1: Questions Still Unanswered
The Milly Dowler Hacking - Part 3: A Short Postscript
Hackgate for Beginners
Surrey Police and the Hacking of Milly Dowler's Phone
Bloggerheads - News of the World: 110% certainty, the remainder fact

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

The Milly Dowler Hacking - Part 1: Questions Still Unanswered

Here's the first part of a re-examination of the Milly Dowler phone hacking from a regular contributor.  Part 1 looks at the background to Dowler hackings and highlights some early warning signs, particularly in the interplay between the Metropolitan Police Service and Surrey Police.  Part 2 considers points at which specific evidence of the Dowler family as victims of News of the World 'dark arts' practices remained overlooked for almost a decade.

1999  Operation Nigeria - This was a Metropolitan Police Service (MET) covert operation (into the murder of Daniel Morgan) which bugged the premises of a private investigator, Jonathan Rees, in Thornton Heath, SURREY.  It eavesdropped on evidence of corrupt practices by private investigators, MET police officers and journalists. Three private investigators implicated were John GUNNING, John BOYALL and Glenn MULCAIRE (more on these below). 

Subsequently, two MET officer associates of Rees were convicted in a long-term operation into police corruption in South East London - one of the investigating officers was then Detective Superintendent John YATES. Simultaneously, and also investigating MET corruption allegations, the Head of MET Professional Standards Department was Andy HAYMAN. When YATES moved on to a different post, he was replaced by Bob QUICK.

In 2000, Bob QUICK wrote a report on the increasing dangers of journalists corrupting police officers, with suspect private investigators often acting as brokers. QUICK's report was submitted to the Head of the MET Professional Standards Department, Andy HAYMAN (see page 5 of Quick's Leveson statement).

This context demonstrates how, from 1999 onwards, key senior officers at the MET were aware of the potential for a corrupt nexus of private investigators, police and newspaper journalists. Self-evidently, YATES, HAYMAN and QUICK were sensitised to these kinds of corrupt 'dark arts' - the modus operandi was already on their radar.

Jan 02  Operation REPROOF commenced.  It was a Devon and Cornwall investigation into illicit data access by corrupt officers, procured by suspect private investigators nationwide - including John BOYALL (implicated in Operation Nigeria). 

Feb-Mar 02 Operation REPROOF contacted the Information Commissioner's Office (ICO) re perceived data offences; the catalyst for initiating Operation MOTORMAN.

Devon and Cornwall Police also informed several constabularies of evidence pointing to potential corruption in their respective forces. One force - in addition to the MET - informed of suspected corrupt officers was SURREY Police.

21st Mar 02  Milly Dowler disappears from Walton-on Thames, SURREY.  The following timeline (where *asterisked*) is based on that given to the Leveson Inquiry
* 25th Mar 02  SURREY Police apply legal authority to "preserve" Milly Dowler's mobile phone voicemail messages.  There is no evidence that her voicemail was acessed by the News of the World (NotW) prior to this.
*  10.57  Milly's PIN number was re-set by Mercury, thus dis-enabling Milly's own PIN.
*  15.19  Mercury re-set the PIN again - no explanation has been given for this anomaly as to why this second Mercury re-set was necessary.  A first download of Milly's voicemails messages was undertaken.

Here there is a disturbing discrepancy.  Instead of enlisting technical assistance from Mercury, SURREY Police say they engaged a specialist forensic phone data company to do the download but this attempt was unsuccessful.  The un-named company deny undertaking any such work (pp9-10).

This contradiction has yet to be resolved, as are the questions of why a private company was decided on, which company exactly, and on whose recommendation.

Late Mar/ early Apr 02 News of the World (NotW) commission private investigator Steve WHITTAMORE to obtain personal information about the Dowler family. The tasking can be found in the Operation MOTORMAN Blue Book.

A NotW journalist, Sarah Arnold, sought the home address of the Dowlers and relevant ex-directory (XD) telephone numbers. The XD number procurement was subcontracted by Whittamore to John GUNNING (implicated in Operation Nigeria).

*  12th Apr 02  A female from NotW telephoned an employment agency in the West Mercia region, purporting to be Milly Dowler's mother.

*  13th Apr 02  The employment agency was 'beseiged' by NotW reporters.  NotW phoned SURREY Police several times that day, asking to speak urgently to the Milly Dowler investigation team.  SURREY Police telephoned NotW back and were informed by NotW that they had obtained Milly's mobile phone number and PIN from her school friends.

An either/or scenario needs considering here. Did NotW use Milly's original PIN - obtained from her friends - to access voicemails between (at the earliest) 24th March and (at the latest) 26th March when that PIN was re-set? If so, NotW then waited until 12th April to inform Surrey Police.

Or, did NotW acess her voicemails post-26th March, ie AFTER the two PIN re-sets?  How was this possible and who did the hacking?

Or BOTH?

*  17th Apr 02 Surrey Police do a second download of voicemail messages

*  20th Apr 02 NotW email SURREY Police and offer their recordings of Milly's voicemails. Later the same day, NotW phoned SURREY Police and played back Milly's voicemails over the phone.

*  23rd Apr 02  Detective Constable John Lyndon of SURREY Police logged his suspicions that NotW had been hacking Milly Dowler's mobile phone voicemails.

There is at this point an important discrepancy regarding meetings between NotW and SURREY Police.  As reported in The Independent, senior news staff of NotW met twice in April 02 with SURREY Police investigating officers, Craig DENHOLM and Stuart Gibson.

In these meetings, NotW made no secret of the fact that they had caused Milly's mobile phone to be hacked.

The Independent's report also states that minutes of one of the meetings exist still in the un-used Milly Dowler evidence files.  There is no mention of these April meetings in the SURREY Police timeline evidenced to the Culture, Media and Sport Select Committee in 2012, nor in MET evidence given to the Leveson Inquiry in May 2012.

Mid-April 02 seems to be when SURREY Police knew definitively that Milly Dowler's voicemails had been hacked by, or at the behest of, NotW.  Arguably, this is the critical point at which action to stop NotW dubious practices could have been taken.

So, hacking of Milly's mobile was known to SURREY Police. In addition, Steve WHITTAMORE's files contained evidence of NotW's procurement of the numbers of Milly Dowler family's phones - awaiting discovery by Operation MOTORMAN.

Tomorrow, part 2 tracks the subsequent actions, inactions and missed opprtunities which conspired to keep the Dowler family ignorant of NotW wrongdoing...

Related Posts
The Milly Dowler Hacking - Part 2: Discrepancies And Delays
The Milly Dowler Hacking - Part 3: A Short Postscript
Hackgate for Beginners
Surrey Police and the Hacking of Milly Dowler's Phone
Bloggerheads - News of the World: 110% certainty, the remainder fact

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

Surrey Police and the Hacking of Milly Dowler's Phone

With this week's report to the Leveson Inquiry regarding the hacking of Milly Dowler's phone a regular reader has sent me this interesting theory relating to it:

The name of a serving senior Surrey Police officer, Craig Denholm, keeps cropping up in relation to the Milly Dowler phone-hacking.  Indeed, Surrey Police themselves are soon to conclude  an investigation into the handling of the 2002 Interceptions of Milly's mobile - Operation Baronet.  Denholm is at present Deputy Chief Constable of Surrey. In 2002, following Milly Dowler's disappearance, he was one of three officers who met with two News of the World news executives. The two journalists from the NotW volunteered that Milly Dowler's mobile number had been obtained and the content of her voicemails messages accessed.

Craig Denholm is one of several police officers who have spent their careers boomeranging between the Surrey force and the Metropolitan Police Service.  He first joined the Met in 1984 and spent time in CID on anti-corruption, drugs and intelligence work, and thence to NCIS (National Criminal Intelligence Services). He transferred to Hampshire Police for a relatively short time, subsequently moving to Surrey Police (for the first of his two Surrey stints) in 2001. He was a senior detective at the time of Milly's disappearance in 2002.

It appears that Denholm took no known action regarding his knowledge of Milly Dowler's mobile hacking by NotW. Was it then within Denholm's power to have taken action to stop the phone hacking scandal in 2002?

The present Assistant Chief Constable of Surrey, Jerry Kirkby, recently gave evidence to the Leveson Inquiry and, in his first witness statement, he stated that he is in the closing stages of heading an investigation into the circumstances surrounding Surrey Police actions (and inactions) re the hacking of Milly's mobile. This is Operation Baronet, and one of its tasks - to date unconcluded - is securing evidence from 2002. On completing Operation Baronet, Surrey Police intend submitting their final report to the Leveson Inquiry, together with additional witness statements. Obviously, the Operation Baronet report may be submitted confidentially, or redacted to avoid prejudicing Operations Weeting or Elevedon.

The long-anticipated 11th Report, 'News International and Phone-Hacking', from the Culture, Media and Sport Select Committee was published last week:
"The Culture, Media and Sport Select Committee criticised the (Surrey) police for being told by reporters they had hacked into the Walton teenager's phone - but not investigating for another ten years."

Denholm's career flourished with Surrey Police - Head of Crime Management, then Divisional Commander, then attaining the rank of Assistant Chief Constable until leaving Surrey Police in 2008.

He followed a well-worn path, yet again, back to the Met.  He took up an appointment as Commander (Counter Terrorism) in Special Operations..... working directly with John Yates.  Denholm could not have failed to be aware of John Yates' self-confessed, "crap", one day quasi-review of the facts around Operation Caryatid - the Goodman-Mulcaire phone hacking investigation. Although leaving the Met in June 2009 (returning AGAIN to Surrey Police), Denholm must have been aware of the Guardian story breaking and becoming headline news in early July on radio and TV news programmes.

Clearly, this raises questions, as well as eyebrows.

Why/Did Denholm stay silent about his knowledge of NotW phone-hacking in 2002?

Did Denholm maintain that silence in 2009, or did he tell John Yates when the Guardian broke its phone scandal story in that July?

If he DID tell John Yates, did Yates ignore this then-new evidence?  Or did Denholm and Yates conceivably collude in suppressing their shared knowledge of NotW Milly Dowler mobile hacking?

It is now alleged too that the key meeting between Denholm and the NotW senior journalists was minuted - let's hope those minutes are amongst the 2002 evidence being secured by Operation Baronet.

On Monday May 4th, the Leveson Inquiry held an unscheduled hearing to address an application to make selected senior Government ministers
Core Participants.  Lord Justice Leveson's Ruling, accepting the application, was published on the Inquiry web site.

The same day, another written Ruling also quietly appeared on the Inquiry web site - unremarked amongst the furore about Government Core Participants. This additional May 4th Ruling addressed an application by the Metropolitan Police.  In essence, it sought to prevent or restrict Leveson's ability to criticise any individual current or former Metropolitan Police officer by name. Neither should Leveson, the Met asserted, even use any examples of behaviour which might allow identification of any un-named officer.  The Ruling is worth a read. Lord Leveson argues, elegantly and eloquently, that he retains the right to cite names or other relevant evidence. Otherwise, hog-tied, he could be accused of providing unsubstantiated and subjective findings in reporting on the "Culture, Practice and Ethics of the Press".  The example Leveson uses in his Ruling is John Yates.

The Met have 14 days from this May 4th Leveson Ruling to appeal via a Judicial Review.  It will be interesting to watch out for a possible appeal.... and to look forward to hearing more of Craig Denholm and Operation Baronet.

 Food for thought ahead of this week's Inquiry.

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