Hackgate - Elveden: Murdoch Or King Cnut?

The latest from my regular contributor.

Noticed the upsurge in Elveden arrests and charges recently?  After a marked hiatus, it's like a dam has burst.

It started as a trickle which became a stream (Sue Akers) -

Operation Elveden began on 20 June 2011 when News International disclosed material to the Metropolitan Police Service that indicated that police officers had allegedly been receiving cash/cheque payments from journalists from the News of the World for the provision of confidential information. 

But its original 2011 terms of reference widened as the investigatory trickle built into a torrent throughout 2012 of arrests of (mainly Sun) journalists, public officials, prison and police officers.  2013 has so far seen the first Elveden conviction and imprisonment (April Casburn) and a wave of charges.  Both the number and nature of arrests are remarkable. (Hat Tip to Martin Hickman for the best lists of arrests/charges/etc).

Amongst News International arrests are royal editor(s), editor(s), sundry senior executives, managing editor(s), news editor, crime editor, executive editor, deputy editor, chief reporter, deputy news editor, defence editor, chief foreign correspondent etc.  These are not low-level roles or freelancers cutting corners.

Police arrests are also worth analysis: to date, no less than FOUR from MET Specialist Crimes & Special Operations alone, plus two senior officers from the City of London force.  The most recent (see here, Daily Mail) is a former Assistant Commissioner and thus the first (but perhaps not the last) ACPO rank arrest for suspected leaking of unauthorised information.  So police arrests are creeping up the 'food chain' too.  Little wonder that Sean O'Neill of the Times wryly commented on the subject

Down at Scotland Yard some of the command team are in the greenhouse throwing big bricks #elveden
— Sean O'Neill (@TimesCrime) March 5, 2013

Certainly Elveden is (so far) the biggest threat to parent company News Corp (see here) regarding potential corporate and US prosecutions.


And there is a detectable sense of urgency about recent News Corp manoevring - closing their phone hacking compensation scheme, frantic settling of as many civil actions as possible in a rearguard action to prevent further revelations in open court.  It's almost as if defensive embankments have crumbled and legal arguments on admissibility of key evidence (for example, email data pools) have been decided so the upstream log-jam delaying court cases has been prised wide open.

The timing of Rupert Murdoch's reported pep talk to arrested journalists is interesting too (Guardian)

It is understood the News Corporation chairman and chief executive and Sun proprietor met with the journalists on Wednesday at News International's Wapping headquarters in east London to allay concerns that their careers and futures have been left in limbo as they continue to be rebailed without knowing if they are going to be charged..... Sources say Murdoch vowed to continue to pay the arrestees' legal fees and offer whatever support was needed. However he said he could not, for legal reasons, tell them what would happen with regard to their employment if any were charged and found guilty.

Whatever the flood of recent developments, we may know more about the consequences quite quickly.

Tomorrow (Friday March 8th) is going to be a busy day for Operation Elveden at the Central Criminal Court (aka the Old Bailey)

Court No 1, sitting from 9.30am (Court Listing) 

THE HONOURABLE MR JUSTICE FULFORD    

Plea and Case Management    

U20130197 Alan TIERNEY    

(Surrey Police officer)

U20130198  Richard TRUNKFIELD 

(Prison Operational Support Officer at HMP Woodhill, a high security category A men's prison)

Southwark Crown Court Case    

For Preliminary Hearing    

U20130199  FLATTLEY (MET police officer)  &

WHEELER (Sun journalist)

NOT BEFORE 10:00 am    

Plea and Case Management    

U20130210 

Rebekah BROOKS (the Sun)

John KAY  (the Sun)  & 

Bettina JORDAN-BARBER  (Ministry of Defence official)

U20130201

Andy COULSON (News of the World) &

Clive GOODMAN (News of the World)

It looks increasingly like Rupert Murdoch can't play King Cnut much longer and things aren't going swimmingly.


Related Articles
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..."
Hackgate - Andre Baker - A Hackgate Footnote?

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

Hackgate - Andre Baker - A Hackgate Footnote?

The latest from my regular contributor.

Readers of these Brown Moses posts on Hackgate may remember a recent post - 'News Corp - Diplomatic Immunity?' It offered a different perspective regarding politicians subjected to News International 'dark arts' - shifting the focus from WHO to WHAT Offices of State they held at the time they were allegedly hacked, burgled or put under surveillance. This current article is an experiment in doing the reverse - shifting the focus from WHAT law enforcement office was held to WHO?

The starting point is a small gathering in a side office at Scotland Yard - convened to confront Rebekah Wade and ask why the News of the World (NOTW) had apparently undertaken surveillance of a Metropoltan Police (MET) officer investigating the barbaric axe murder of Daniel Morgan.   At the meeting were Rebekah Wade, Dick Federcio, the MET officer himself Dave Cook, and Cook's boss Commander Andre Baker.

But WHO is Andre BAKER?  And what are his connections to the complex Hackgate saga?

Andre (Andy) BAKER has had a lengthy career in the MET.  He joined in 1975 and rose through the ranks in posts throughout London, including notoriously tough beats in South East London around Lewisham, Eltham and Catford. 

October 2001 He was promoted to the rank of Commander, Serious Crime Directorate (Homicide). As such, he would have been well aware that three previous investigations into Daniel Morgan's murder had been abortive, and that one of those investigations had involved MET bugging conversations of suspects (Operation Nigeria) - eavesdropping on apparently corrupt procurement of information by NOTW.

21 March 2002  Milly Dowler disappeared from Walton-on-Thames.  Surrey Police started their abduction - then murder - inquiry.  The MET Serious Crime (Homicide) - under Commander Andre BAKER - liaised closely with Surrey Police in case Milly's murder might be linked to suspects in other London murder investigations.

It is not known if Surrey Police at that time apprised Andre BAKER and his team that NOTW had hacked Milly Dowler's phone.  If Surrey Police did, then this knowledge would have added considerably to Commander BAKER's growing intelligence on the 'dark arts' and NOTW.

25 June 2002  Detective Chief Superintendent Dave Cook appeared on BBC Crimewatch to appeal for any information on the murder of Daniel Morgan.

10 July 2002  Cook noted an unfamiliar parked van outside his home. It tailed him whilst he drove his children to school. His then wife, Jacqui Hames, later noticed photographs of their house being taken surreptitiously from a parked vehicle. Further investigations by fellow MET officers are alleged to have connected NotW to this covert surveillance.  The MET were concerned enough to give the Cook-Hames family witness protection status and additional security.



9 January 2003  The confrontation at Scotland Yard.   Dick Fedorcio arranged the meeting, at the request of Andre BAKER.  As Fedorcio described it (Evidence to the Leveson Inquiry p54)

Commander Baker was doing it because of his concerns about Mr Cook's concerns, really. It wasn't about taking any action against the News of the World; it was to help Mr Cook understand and come to terms with what had gone on. That was how Commander Baker described to me, as a welfare meeting, looking after a member of his staff

At a subsequent Metropolitan Police Authority meeting (the then MET oversight body) in 2011, a Member understandably asked why (MPA: Strategic and Operational Policing Committee minutes -14-Jul-11 p4)

... no further action was taken. He asked: first, who took the decision to proceed in that way - a conversation with the editor but no further action - and were then Commissioner or Deputy involved or informed? Secondly, were any other senior officers involved or informed? And finally, would John Yates' team who reinvestigated the Daniel Morgan murder have known?

The MPA were advised by the MET Acting Commissioner that no public response could be made as the Cook-Hames alleged surveillance was now under active investigation.

November 2004  Levi Bellfield arrested in west London on suspicion of murdering French student Amelie DelaGrange.  Commander BAKER said "There were reasonable grounds to arrest this individual" . A Daily Mail report added, "detectives have previously linked the murder to five other attacks in south-west London."  Publicly at least, no connection was yet made with the Surrey murder of Milly Dowler.

2006  As a consequence of Operation Motorman uncovering prima facie Data Protection Act breaches by journalists of national newspapers (including NOTW), the Information Commissioner's Office (ICO) published 'What Price Privacy' and 'What Price Privacy Now?'  These two Reports (here and here) to Parliament and relevant law enforcement bodies detailed industrial scale data procurement by national newspaper titles from private investigators.  The ICO Commissioner also informed the Press Complaints Commission that the ICO would have no hesitation in prosecuting any journalists suspected of similar data breaches in future.

2006-7  Operation Caryatid - the investigation of phone hacking of the royal household by NOTW's Clive Goodman and Glenn Mulcaire. As the sheer volume and extent of phone hacking became apparent, the MET Operation Caryatid team liaised with and briefed other relevant law enforcement agencies (para 72) - including the Serious Organised Crime Agency (SOCA).

By this time (from January 2006), the Deputy Director of SOCA was Andre BAKER.

2006-07 was clearly a busy time.  The Haute de la Garenne child abuse scandal in Jersey (in which Jimmy Savile is now implicated) needed a mainland, ACPO-nominated authority to oversee the investigation. Former MET Homicide Commander, Andre BAKER took up the role in addition to his Deputy Director of SOCA duties. This necessitated liaison with Jersey States police and several visits to Jersey.  The controversial Haute de la Garenne investigation was ramped up by lurid, sensationalised  press reporting. A subsequent Review observed (final para)

The approach taken by the States of Jersey Police to releasing information about the teeth found was unusual, not consistent with normal working practice in the UK and encouraged further media reporting and speculation.

2007-09 At the same time, back on the mainland, Surrey Police were still pursuing the Milly Dowler murder investigation as well as allegations of sexual abuse by victims of Jimmy Savile.  Just as knowledge of the NOTW Dowler phone hacking was apparently not shared by Surrey with the MET, it seems perhaps the Surrey team investigating Savile were not informed of crucial information known to MET and Jersey police forces.

Throughout this period, some of the national press were critical of police crime-fighting.  For example, The Sun's crime reporter, Mike Sullivan, castigated Andre BAKER, the MET, and Surrey Police for failing to catch the killers of several murder victims - including Milly Dowler.

2007-08 SOCA researched and complied an intelligence report entitled 'The Rogue Element of the Private Investigation Industry'.  It highlighted the corrosive effect of press collusion in illegal practices such as phone hacking, Police National Computer abuse, computer hacking, corruption, vehicle tracking, surveillance etc etc.

2005-09  Operation Millipede.  This was a lengthy SOCA investigation into a network of private investigators' blagging and computer hacking.  It led to four arrests in 2009 and four convictions in Feb 2012.



July 2009 John Yates undertook an 8 hour consideration of Operation Caryatid before concluding there was no necessity to re-open the investigation.  Two days later, Yates received a written briefing from two of the original Caryatid investigating officers. It reiterated that "briefings of the emerging security risks in relation to mobile phone voicemails were given to SCDI4, The Security Service, Cabinet Office, The Royal Household and SOCA."  (p6)


2010-11  First a New York Times report on phone hacking, then Nick Davies' Guardian exposé of NOTW's hacking of Milly Dowler's mobile phone prompted demand for an independent, judge led Inquiry.  Lord Justice Leveson's Inquiry into 'Culture, Practice and Ethics of the Press' started in October 2011.

June 2011  Serial killer Levi Bellfield is finally convicted of the murder of Milly Dowler.

2012  BAKER, Deputy Director of SOCA, moves to another post as Deputy Chief Executive of the Child Exploitation and Online Protection Centre (CEOP) where he will probably be involved with police investigations into the Jimmy Savile scandal.

Andre BAKER will no doubt be grateful that he was not called to give evidence to Leveson, and that his name is relegated to a footnote in the history of Hackgate - a mere bit player at that small, informal Scotland Yard meeting with Rebekah Wade.

Related Articles
Hackgate - Ten To Watch For
Hackgate - Dear Surrey Police
Hackgate - The John Boyall Files
One Rogue Email And The Indestructible Archive 
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Alex Marunchak - Presumed Innocent

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

Hackgate - Ten To Watch For

The latest piece from My Regular Contributor, looking at ten things to watch for in the ongoing Hackgate saga

1  Hole-in-the-Wall:  Steve Coogan told the Leveson Inquiry how the minutiae of his life was intruded on by Glenn Mulcaire.  Coogan was shown Mulcaire's notes (p14):

I saw a redacted copy, which had information about money I'd withdrawn from a cash machine,...the precise amount of money I'd withdrawn from a cash machine, which would suggest someone was looking over my shoulder when I was doing it.

Shoulder-surfing is only one explanation. A case cited in the 2008 Serious Organised Crime Agency report ('The Rogue Element of the Private Investigation Industry') is clearly Glenn Mulcaire. Following a description of his modus operandi, is this curiosity (p5, SOCA 2008):

The investigator also managed to intercept the landline of an Automated Telling Machine at a local shop to distance himself from his calls to the voicemail boxes.

Mulcaire is known as a former footballer, not telecomms technician.  Did he have that expertise himself?  Or was technical expertise recruited from amongst a wider private investigator network?  What kinds of ATM info interception were feasible?

2  Tracking: UK parent company of News International, News Group Newspapers (NGN), does not dispute that it commissioned Derek Webb to do surveillance on targets for stories.  Ex-policeman Webb was variously designated as private investigator / freelance journalist depending on when it was considered politic for him to hold an NUJ card.  But NGN has also admitted (p8 para 31, Admission of Facts) that information, unlawfully obtained by its own journalists from Mulcaire, was used to enable un-named "private investigators employed by News of the World to monitor, locate and track individuals to place them under surveillance."  It will be interesting to know what tracking and surveillance technology was deployed, and by whom.

3  Safety First: And on the subject of security technology, this small nugget from Mary-Ellen Field's evidence to Leveson is intriguing - the last time she ever spoke to celebrity client Elle McPherson after acrimoniously parting company:

I received a call out-of-the-blue from Elle asking me who the security people were who checked her house, office and car.  Elle did not explain why she wanted this information -- however I provided it to her.  It occurs to me now that it is likely that she needed that information following contact from the police in relation to phone hacking, having arrested Mulcaire.  I know now that Clive Goodman's column in the NOTW was cancelled the previous week.

If accurate, it is interesting to note police interest in how celebrities are willing to pay elite private security companies to safeguard their privacy.  For example, one such specialist company - Brookmans International - were very supportive in providing protection and security technology to Kerry Katona. Sadly, their best efforts did not prevent stories about Katona's private life appearing in newspapers.

4  Still on the topic of technology:  Operation Tuleta will soon be back in the news as awaited charging decisions are due.  The ongoing Operation Tuleta investigation includes Operation Kalmyk, focusing on alleged computer hacking related to Northern Ireland.  Outgoing MET DAC Sue Akers was asked about computer hacking at her final appearance before the Home Affairs Select Committee in early September

Q You mentioned computer hacking in the course of your remarks. What can you tell us about the progress of investigations on that, please?
Akers: It is difficult for me to go into any detail, obviously, because it is an ongoing investigation, but there are seven people who are on bail in relation to computer hacking.
Q  I know it is difficult for you but are you able to tell us generally what the nature of the allegation is in those cases, the general character?
Akers: You will have seen, maybe, the Panorama programme. There are inquiries in connection with that. It is difficult for me to go into much more detail.
Q  Are you able to say anything about the characteristics of the seven people who are under investigation, what category they might fall into?
Akers: I suppose the general category you would say is private investigator, some of them ex-police.
Q  Are there files with the CPS in relation to those matters or not?
Akers: Yes.

5  Weeting: There are still charging decisions outstanding under Operation Weeting.  Eight have already been charged:  Rebekah Brooks, Andrew Coulson, Stuart Kuttner, Glenn Mulcaire, Greg Miskiw, Ian Edmondson, Neville Thurlbeck and James Weatherup.  However the Crown Prosecution Service (CPS) Principal Legal Advisor announced at the same time that three others arrested would have no further action taken and

There are two suspects in relation to whom the police have asked me to defer making a decision whilst further enquiries are made. For this reason I do not intend to give their names or say anything further about them at this stage.

6  Andy Coulson - is still waiting for his Appeal over News Group Newspapers refusal to pay his legal fees.  In essence, Coulson argues NGN are contractually obliged tp pay his legal costs accrued as a result of his time in employment at NGN, whilst they argue their contractual obligation does not apply to illegal acts he may have undertaken. At the time of his unsuccessful hearing in December 2011, Coulson had been arrested by both Operation Weeting and Operation Elvedon.  Since then he has additionally been arrested once more (Operation Rubicon) and charged twice (Operation Rubicon and Operation Weeting).  Coulson is therefore clocking up massive legal fees for which he is, pending Appeal, personally liable.  The Appeal Hearing should be instructive.

7  DCI April Casburn - suspended from her MET job in Counter Terrorism Command (Specialist Operations), is due back in court, at the Old Bailey on November 2nd.  She is charged with offences which include an alleged offer to supply News International with insider information on Operation Varec - a sub-investigation of Operation Weeting.  Arguably the most significant aspect of Casburn's Old Bailey appearance is that she "must enter a plea to the charge"  - the first defendant to do so since the News of the World scandal erupted.

8 ICO:  There may be more charges to come, but this time by the Information Commissioner's Office (ICO).  Asked about the future sequence of events which might, in time, signal the closing stages of Hackgate, DAC Akers told the Home Affairs Select Committee that it would be necessary to involve the ICO in charges to be laid.  The ICO has its own powers to take action in relation to the Data Protection Act, in addition to any police/CPS prosecutions -

the Information Commissioner must get involved where there is not quite such serious criminality but, nonetheless, there are breaches of privacy.

Given the criticism of the ICO's failure to achieve convictions under Operation Motorman, they would doubtless be glad of the opportunity to take action on data protection offences.  And who is to say that potential prosecutions might not result, belatedly, from Operation Motorman itself?

9  Will Hackgate spread further?  Possibly

Home Affairs Select Committee  Q49 Mr Winnick: In your evidence to the Leveson inquiry, you said that Trinity Mirror, News International and Express Newspapers were being investigated for corrupt payments to officials. That is what you said?
Sue Akers: Yes.
Q50 Mr Winnick: Are there other organisations now involved in the investigation, apart from those?
Sue Akers: Those are the organisations that I have said publicly, and I think I should not go any further than what is in the public domain.
Q51 Mr Winnick: When you say you do not want to go any further, I do not want to press you when you consider that it would be inappropriate, Deputy Assistant Commissioner, but you have mentioned companies already to the Leveson inquiry. You are saying, in effect, if I understand you, that there are other companies but for some reason you do not want to mention them today.
Sue Akers: I am certainly not ready to say anything in the way that I did about the Mirror Group and the Express Group because our investigation is still continuing.
Mr Winnick: If that is the position, I will not press you further. Thank you.

10  Sue Akers' replacement - is MET Deputy Assistant Commissioner Steve Kavanagh, so his name will become familiar to Hackgate watchers.  His face may already be familiar from his press conferences during the London riots in 2011.  There is already one Hackgate gig awaiting him at the Leveson Inquiry. In addressing Future Directions, Leveson said

As I have just made clear to DAC Akers, it is important that my report is based on what is then the most up to date information about the progress of the criminal investigation.... I make clear that I will issue another request under s. 21 of the Inquiries Act 2005... Notice of a hearing will be provided in good time to all core participants to Modules 1 and 2 

Unless Lord Justice Leveson decides to accept a substitute written statement, Steve Kavanagh could be back in front of the cameras soon in Court 73.

So, plenty still to watch out for....

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

Hackgate - Dear Surrey Police

Another article from my regular contributor.

Dear Surrey Police,
There are eight senior, Deputy and Chief Constables in England currently under investigation.  Count them - EIGHT - for a variety of allegations: using undue influence, corruption, misuse of public funds, gross misconduct, even lying to the Independent Police Complaints Commission.

Well okay,  I grant you, one is appealing being sacked for gross misconduct, the first since 1977.

True, that has attracted press coverage.  But only because of its rarity value.  We're much more used to senior officers being allowed to quietly retire on full pension to avoid disciplinary action - like this one, or these.

Sometimes though, you get things right. You did interview Jimmy Savile about alleged sexual offences.  And when you decided there was enough evidence, you were prepared to follow that up with a referral to Crown Prosecution Service.  Sadly, the CPS decided insufficient evidence so no charge could be brought. There were others though who didn't voice their suspicions and have attracted criticism for their inaction - such as this tweet:

No, sorry, Janet. Sorry Esther. I don't buy it. If you knew and you did nothing, you're part of the problem you condemn.
— Louis Barfe (@LFBarfe) October 4, 2012

So credit where it's due - you did investigate.

Because who doesn't loathe such hateful crimes against children, doubly victimised by crass abuse of power and smothered by walls of silence?  Who would not feel like weeping for their powerlessness?  Unless it were Milly Dowler and you knew about that phone hacking.

And you knew.  It's not even in dispute.  The News of the World "admitted to Surrey Police in April 2002... (it) had unlawfully accessed Milly Dowler's voicemail messages."  News International has conceded that to victims taking civil action.  It is the main foundation of the criminal prosecutions too, of course - conspiracy unlawfully to intercept communications.  Those charged in relation to Milly Dowler are Rebekah Brooks, Andy Coulson, Stuart Kuttner, Greg Miskiw, Glenn Mulcaire and Neville Thurlbeck.  Are you seriously hoping no-one will notice?  Do you really think no-one will wonder who in Surrey Police was told?  Can you honestly believe nobody will ask why nothing was done to prevent phone hacking continuing? The next victims after Milly herself were her family - and maybe you could have prevented it.

Granted, you did invite the Independent Police Complaints Commission to investigate.

And that's the last we heard of that.  Doubtless the IPCC will kick the can further down the road, and we'll be told it can't report till the News of the World prosecutions conclude - when might that be? 2014? 2015?  But why?  By that time, we will have guessed that no charges will be made.  And we will definitely have clocked if anyone were to be allowed to quietly retire with a full pension and avoid disciplinary action.

No, sorry, Surrey.  Sorry IPCC.   I don't buy it. If you knew and you did nothing, you're part of the problem you condemn.

There are Questions Still Unanswered, and continuing Discrepancies and Delays.

The Leveson Inquiry has acted like a searchlight. Regardless of its outcomes, it's served the public well, giving the opportunity to watch the process.  Whatever its Report recommends, the open scrutiny is necessary if the battered and bruised public confidence in policing is ever to start healing.  Two Prime Ministers spelled out the 'Dowler Test'.  David Cameron said,  "... bear in mind who we're doing this for, why we're here in the first place, and that's the real test. If the families like the Dowlers feel this has really changed the way they would have been treated, we would have done our job properly."

Gordon Brown said

...the question (is) that the Dowlers put to us: how can we defend the privacy of a family who at their moment of greatest grief and at a time when they're at their most vulnerable have their privacy invaded by the press in a way that splits the family apart and makes everybody in that family suspicious of each other, and particularly so since it's been done by unlawful means, which include telephone tapping.... I think Lord Justice Leveson put it: 'who will guard the guardians?' was a question which he wanted to address. I will say: who will defend the defenceless?

Who guards the guardians?  We do.  All of us.  The private citizens, public servants, our MPs, the bloggers, investigative journalists, the armchair Leveson viewers, Hacked Off and the pissed off - asking our questions and putting your integrity under our spotlight.

And we are watching what you do next.

Yours Faithfully,

Mr Reg Contributor

c/o Brown Moses

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The Cook-Hames Surveillance : A Watched Kettle...
Alastair Morgan On The Latest Hackgate Revelations

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

The Cook-Hames Surveillance : A Watched Kettle...

The latest piece from my regular contributor.

In the long, long list of civil actions brought against  News Group Newspapers (NGN), Claim HC11C02844 stands out from all the others.  Most  claims are against NGN and Mulcaire. However, Claim HC11C02844 (p 9) reads:

David Cook and Jacqui Hames v (1) NGN (2) Glenn Mulcaire (3) Alex Marunchak (4) Greg Miskiw

Started in Aug 2011, this particular litigation tops the league as the sole action against FOUR names. The civil action relates to allegations that the News of the World was implicated in illegal information gathering and covert surveillance of Cook and his then wife, Jacqui Hames, in 2002.  Both were serving Metropolitan Police Service (MET) police officers.  This has been in the public domain for some time - for example, covered by C4 News.

Hames' evidence to the the Leveson Inquiry on the subject can be read here pp 97-110.  There are as yet no known arrests in relation to these specific allegations.

Campaigning group Hacked Off described the personal devestation caused as 'the triple betrayal of Jacqui Hames' - sold out bt the MET, sold out to News International, and kept in the dark for years by police investigators.

The role of Southern Investigations in the Cook/Hames surveillance has also been reported widely.  In summary, there was an alleged chain of actions initiated in summer 2002 by Jonathan Rees from prison. Rees conferred with Sid Fillery, Fillery made arrangements with News of the World's Alex Marunchak for the surveillance, Marunchak liaised with NotW's Greg Miskiw on illegally obtaining personal information, Miskiw commissioned another private investigator with computer hacking skills, and also commissioned Glenn Mulcaire to undertake blagging and phone hacking. For background, see this Guardian report.

Some months later, Rebekah Wade was said to have been confronted at Scotland Yard about NotW's complicity.  Dick Fedorcio (who was at the meeting) says that he mentioned it to then MET Commissioner John Stevens but Stevens disputes this.  Of additional note is the seeming ignorance and confusion evidenced by John Stevens and Dick Fedorcio about Southern Investigations and its well-known history of corruption.

Stevens' evidence to the Leveson Inquiry demonstrates a surprising inablity to join the dots.

Mr Jay: Were you aware, at the time when you were Deputy Commissioner and/or Commissioner, that the News of the World were extensively using a private investigation company called Southern Investigations?
A:  No.
Q. Did there ever come a time when you were aware of that?
 A. No.
Q. So does this follow: that you weren't aware that the News of the World made extensive use of Southern Investigations illegally to obtain information about police officers?
A. No.
...
Q. You say in your book: "At the end of the 1990s, an independent detective agency called Southern Investigations, based in Sydenham, was frequently coming up on the anti-corruption squad's radar." So when did you become aware of that?
A. As Deputy Commissioner, a presentation was made to me to try and get a probe into Southern Investigations' offices....
...
Q. ...your book goes on to say: "Eventually, it became possible to monitor conversations and the hidden microphones picked up much intelligence about the activities going on inside. Via the agency, corrupt officers were selling stories about their investigations to newspapers and being paid quite handsome amounts of money, an unsavoury business all around."
A. Yes.
Q. So when did you become aware of that?
A. When prosecutions took place, and one or two people were successfully prosecuted.
...
Q. Taking it forward then to Crimewatch in 2002. An appeal was made on Crimewatch. DCS Cook, I think, made the appeal on behalf of the Metropolitan Police. Was this in relation to reopening the inquiry into the murder of Mr Morgan?
A. Yes, where we put a considerable amount of resources into.
Q. Were you aware of that at the time, of the Crimewatch appeal, that is?
A. No.
Q. Were you aware that Mr Cook and his family, including, of course, Jacqui Hames, were placed under surveillance by the News of the World?
A. No.
Q. Did that come to your attention later or not at all?
A. I can't remember anyone mentioning that to me in person, no.
Q. Were you aware that in about 2004, Southern Investigations was gathering evidence on senior MPS personnel, and some of that evidence related to their private lives?
A. No. 

Well, at least Stevens is consistent about his ignorance.  Fedorcio's evidence (p 57 & p 58), by contrast, is markedly contradictory:

Q. So was the name "Southern Investigations" something you heard for the first time at the meeting?
A. I think I'd heard of them in previous anti-corruption activity. So when the name came up, it wasn't a surprise to me.
...
Q. Were you aware of the corruption investigation into MPS police officers leaking information to Southern Investigations?
A. I don't think so, no.

Mindful of any traducing of her reputation, Rebekah Brooks (as Core Participant) made a Closing Submission to Leveson which names Jacqui Hames (p5) as one whose evidence either (a) made assertions for which there is little or no evidential basis; (b) gave evidence as to matters which are yet to be tested in court; or; (c) appeared to be using the Inquiry to settle old scores.

And what does DCS Dave Cook have to say?  Nothing, as he was effectively silenced by the independent Police Complaints Commission (IPCC) when they arrested him last January.

The timing is very significant  Cook had just returned to duties for the Serious Organised Crime Agency (SOCA) after six months sick leave.  The arrest was reportedly executed the day that Cook requested an opportunity to give evidence to the Leveson Inquiry, and sought Core Participant status. The timing is therefore very reminiscent of the way that former-ICO investigator was raided and threatened with prosecution on the eve of his evidence to Leveson.

So Dave Cook is kettled in silent limbo - waiting for that tardy IPCC/CPS charging decision, or perhaps disciplinary or dismissal.

And still waiting for overdue and decisive MET legal action in relation to Case HC11C02844.

Related Articles
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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

Unlucky For Some - Section 13

A new piece from a regular contributor.

Today's Independent reports that Lord Justice Leveson has started sending out his requisite Section 13 letters.  These notification letters must be sent to any who may be criticised in the Inquiry's final report. (Don't get me started on the arguments about what legally constitutes 'a person'....)

Rule 13 provides:

The Chairman may send a warning letter to any person:
a. he considers maybe, or who has been, subject to criticism in the inquiry proceedings;
or
b. about whom criticism may be inferred from evidence that has been given during the inquiry proceedings;
or
c. who may be subject to criticism in the report, or any interim report.

The timely mail shot allows those in receipt of a Section 13 warning letter to raise objections, factual inaccuracies and so on. No doubt their legal advisors will be busy formulating responses.  But the defensive strategies to Section 13 warnings started long before letters starting dropping onto expectant doormats.

For example, way back in October '11, anticipation of severe criticism loomed large in the unsuccessful Surrey Police application  (pp1-16) for Core Participant status for Module 1 - before the Inquiry had even started to take any witness evidence.

In May, the Metropolitan Police Service (MET) submitted "that all individual criticism of any sort is outside Part 1 and inconsistent with the Terms of Reference" - Part 1 being the evidence-taking, up to Leveson's Final Report.  The MET submission was unsuccessful for the legal reasons given by Leveson in his Application of Rule 13 of the Inquiry Rules 2006 in Relation to the Metropolitan Police Service.

Another example of a preemptive strike was that of the Closing Submission of Module 3 Core Participant, Rebekah Brooks.  Fearful lest other's evidence to Leveson (including the MET's Deputy Assistant Commissioer Sue Akers) might have generated a negative impression, Rebekah warned

... the Inquiry should be mindful of the fact that her character and credibility will be a very significant issue in her trial (or trials), and that any conclusions affecting either are therefore likely to be significantly prejudicial to her case,.. she should not be made the subject of direct criticism.

Lord Justice Leveson however had already anticipated the debate on Section 13:

...it is very important that any Inquiry does not prejudice either the police investigation or any potential prosecution to such extent as thwarts the investigation or renders a prosecution so unfair as to constitute an abuse of process. That does not mean that there can be no mention of any person under investigation...

He also countered:

As a matter of fairness, as I have sought to protect the names of those who have been arrested from being linked with specific allegations of criminal conduct, so I have not thought it right to allow those who have not been arrested to be named as guilty of crime, even where I anticipate no prospect of a criminal investigation

Viz-a-viz his Report, Leveson also pointed out that:

... much more relevant than anything I say will be the underlying evidence which has been presented to the Inquiry; that will be available for any criminal trial

As will the evidence given to the Culture, Media and Sport Select Committee, Privacy and Media Intrusion 2003, Self-Regualtion of the Press 2007, Press Standards, Privacy and Libel 2010, Home Affairs Select Committee,  Unauthorised Tapping Into or Hacking of Mobile Communications 2011 and Culture, Media and Sport, News International and Phone Hacking 2012.

All of these have been widely reported nationally and internationally, so (like pictures of Prince Harry's bum) there is little chance that 'collective amnesia' can be induced on such a wide scale that all such evidence could be conveniently forgotten.

Lord Justice Leveson is obliged to support his considerations in his Section 13 letters with EVIDENCE - evidence given to his Inquiry, which has so carefully avoided prejudicing criminal proceedings.

No doubt that is exactly what he will do.  Unluckily for some...

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

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 - Controversial Cops and News Corp.

[Back to The Leveson Inquiry]

During the Hackgate Scandal there have been a number of police officers linked to News Corp.  Here’s a few key names you might see popping up when following the Hackgate Scandal:

Andy Hayman – A former Chief Constable of Norfolk Constabulary and Assistant Commissioner for Specialist Operations at London's Metropolitan Police, resigning in December 2007 following allegations about expense claims and alleged improper conduct with a female member of the Independent Police Complaints Commission (IPCC) and a female sergeant.  After his resignation he would face criticism, along with Sir Ian Blair, from the press and Independent Police Complaints Commission over the shooting of Jean Charles de Menezes.

During Operation Caryatid, the investigation into the interception of phone messages at Clarence House by journalists from the News of the World, the officer in charge of the investigation reported to Andy Hayman.  Hayman told the Home Affairs Select Committee in July 2011 that he had met with News International executives during the investigation, something he considered as not unusual as it would have been odd if he had cancelled the dinner.

The Guardian reported that some police sources said it was “unfortunate” that Andy Hayman went on to work for News International as a columnist for The Times, where even with his knowledge of Operation Caryatid he wrote that there were “perhaps a handful” of hacking victims.

John Yates - A former Assistant Commissioner in the London Metropolitan Police Service, who resigned in July 2011 over criticism of a July 2009 review of Operation Caryatid, in which he decided in one 8 hour sessions that there was no fresh material that could lead to convictions. 

John Yates began to receive criticism when the House of Commons home affairs committee began to look into the way in which the review had been carried out, with a number of statements made by John Yates about the review were contradicted by the evidence of the director of public prosecutions, Keir Starmer.  He received further criticism when it was revealed that he, Sir Ian Blair, Andy Hayman, and Paul Stephenson had attended a number of meals with representative from various News International newspaper titles around the time of the review. 

In a July 9^th 2011 interview with the Sunday Telegraph he expressed “extreme regret” for failing in the initial phone hacking inquiry, but dismissed any suggestion of corruption or improper relationships on his part.  On July 18^th 2011 he announced his resignation in a brief statement.

In May 2012 a report into phone hacking by the House of Commons select committee found that John Yates and Keri Starmer were culpable for failing to properly investigate evidence of phone hacking when it was first brought to their attention during the Operation Caryatid investigation.  The report concluded: "The police at that time had no interest or willingness to uncover the full extent of the phone-hacking which had taken place."

Paul Stephenson – The former Metropolitan Police Commissioner, who resigned after questions were asked about his relationship with former News International journalist Neil Wallis, who was arrested in July 2011 as part of Operation Weeting.

Paul Stephenson first met Wallis in 2006 during his time at the News of the World, and hired Neil Wallis to provide “strategic communication advice and support” to the Metropolitan Police on a part time basis from October 2009 to September 2010 while the Met's Deputy Director of Public Affairs was on extended sick leave.  Among other things this involved advising the assistant commissioner at the time, John Yates, who had recently reviewed Operation Caryatid in July 2009.

Questions about Neil Wallis’s relationship with the Metropolitan Police began went it emerged that he had worked for the police.  It was revealed that Paul Stephenson had met or dined with Neil Wallis on eight separate occasions between 2006 and 2010, more than any senior executive or journalist on any other newspapers, and that he had accepted £12,000-worth of hospitality at a health spa for which Wallis worked as a PR consultant, and where Rebekah Brooks’ husband Charlie Brooks runs an alternative medicine "kriotherapy" centre.

On July 14^th 2011 Neil Wallis was arrested as part of Operation Weeting, and on July 17^th 2011 Paul Stephenson made a lengthy statement announcing his intention to resign as commissioner, saying that questions surrounding his integrity would otherwise become detrimental to the Met as a whole.

Ray Adams – A former Metropolitan police commander who left the Metropolitan Police and joined the News Corp owned subsidiary NDS UK Ltd after a brief stint at Kroll. 

In July 1987 Adams was being interviewed by police corruption investigators when his close associate DC Alan “Taffy” Holmes shot himself.  DC Holmes was the corrupt police officer who Michael Gillard and Laurie Flynn claim in their book on police corruption “The Untouchables” had been working with the recently murdered Daniel Morgan to expose claims of police corruption that possibly involved passing information to the News of the World.

Later on Ray Adams would be involved with the Stephen Lawrence murder inquiry, and the Macpherson report into the Lawrence murder detailed suspicions held by the Lawrence family about Adam’s alleged links with Clifford Norris, the father of one of Lawrence’s murderers David Norris, and Kenneth Noye, also noting that Adams’ evidence had “strange features” to it.

In March 2012 BBC Panorama claimed that Ray Adams had worked closely with a hacker, Lee Gibling, to set up the website The House of Ill-Compute (THOiC), which was intended to gather cable and satellite hackers to one site run by Lee Gibling, and therefore under the control of Ray Adams.  Lee Gibling claimed that Ray Adams provided him with software and instructions to hack their major rival ONDigital.  Those claims were supported by documents passed on to Panorama.

Later Lee Gibling would also allege that Ray Adams used information from the THOiC website to strong arm a number of cable and satellite companies into giving up internal operational security to NDS UK Ltd, claiming that hacks on THOiC showed those companies weren’t providing adequate security to protect BSkyB’s revenue, and that unless they handed over their operational security operations to NDS BSkyB would remove their channels from those companies.  Once NDS took over operational security they used the information from THOiC to arrest various individuals hacking those companies.

[Index]

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