Hackgate - The Met - Red Flags And Red Tops

The latest from my regular contributor.

Looking back at the early 'red flags' of corruption and the tabloids is instructive. This post will look at warning signs at the Metropolitan Police Service (MPS or MET) in the period, roughly 2000-2005. It's a convenient timespan as it coincides with three top level rank constants -

Commissioner - John STEVENS
Deputy Commissioner & Director of Professional Standards (DPS) - Ian BLAIR
Director of Public Affairs (DPA) - Dick FEDORCIO

Indeed the senior ranks charged with anti-corruption responsibilities read like a succession of a Who's Who name-checked at the Leveson Inquiry.  Or perhaps a tortuous biblical genealogy in which Andy HAYMAN begat Bob QUICK who begat John YATES who begat Peter CLARKE etc.  Other less senior and lesser known names also recur, providing evidence of knowledge continuity of dangerous red flags at the MET - who knew what when - Shaun SAWYER, Andre BAKER, Dave COOK, David ZINZAN, Maxine de BRUNNER, Dean HAYDON, Brendan GILMOUR, Tony FULLER and so on...

Three significant MET investigations should have raised red flags in 2000-05 - Operations Abelard1, Motorman and Glade. Three more red flags were raised by key extracts from (unrelated) Reports highly critical of professional standards and press office/public affairs at the MET. These high profile criticisms were  the Virdi Inquiry Report, Damilola Taylor Review and the Morris Report.

BACKGROUND to 2000
The late 1990s had seen well publicised anti-graft initiatives at the MET, keeping Anti-Corruption Command (formerly CIB, Complaints Investigation Bureau) very busy, such as the Rigg Approach investigation led by Shaun SAWYER (here).

A parallel anti-corruption investigation was underway under John YATES - Operation Russia (here).  Also at Anti-Corruption Command was Dean HAYDON (here), later to become Staff Officer to John YATES and head ed Operation Varec (here).

A third relevant investigation was the linked Operation Nigeria/Two Bridges (here) probing police corruption, press 'dark arts' and the murder of Daniel Morgan (here) - under the command of Andy HAYMAN at Professional Standards (DPS). Andre BAKER was then senior homicide detective for South East London. On the team too at Anti-Corruption Command was then Detective Superintendent Bob QUICK. Operation Nigeria uncovered very serious red flags re newspapers, for example, a leak from the 1999 murder of Jill Dando which resulted in a detective's forced resignation. (here)

QUICK was so concerned about the intelligence uncovered that he submitted a report to HAYMAN in 2000

highlighting the role of journalists in promoting corrupt relationships with, and making corrupt payments to, officers for stories about famous people and high profile investigations in the MPS...I proposed an investigation of these newspapers/officers on the basis that I believed that the journalists were not paying bribes out of their own pockets but...the newspaper organisations were aware of the reasons for the payments and were themselves complicit in making corrupt payments to police officers.

THE VIRDI INQUIRY REPORT 2001
An investigation which scrutinised processes and policies relating to a contentious grievance, disciplinary and racism case.  In particular, the Report red flagged HAYMAN'S Directorate of Professional Standards (DPS) and FEDORCIO'S Directorate of Public Affairs (DPA).

The Report (here) included two letters from Andy HAYMAN - the first said, sadly, DCS BAKER was unable to locate relevant search procedure notes as none were kept. The other letter (Appendix 13b) said he was willing to allow the Virdi Inquiry access to the press file only under very stringent conditions.  In the event, that didn't happen

This Inquiry has repeatedly requested an opportunity to view the DPA press file and associated papers on Police Sgt Virdi. Regrettably, at the time of writing, the MPS Directorate of Public Affairs has not produced these papers.

Virdi's view was

that the MPS appear to have a close relationship with particular journalists, providing them 'misleading information' as well as leaking 'details of our solicitor's confidential letter'... (and) proves the collusion of certain officers of the MPS and the Daily Mail... No-one has been disciplined on this matter.

Additionally in 2001, the Press Complaints Commission (PCC) ratified its ethical Editors' Code of Conduct, Glenn Mulcaire signed his first lucrative contract with NOTW, Dick FEDORCIO became a full inner sanctum member of the MET Management Board and - in Plymouth - Operation Reproof started scoping into police corruption and illegal data harvesting (here).

ABELARD1 2002-3
Operation Abelard1 was launched by DPS Intelligence Development Group (IDG) - reopening the investigation into Daniel Morgan's murder.  Shaun SAWYER had become head of Anti-Corruption Command after HAYMAN joined Norfolk Police as Chief Constable. Abelard1 was led by David ZINZAN and fronting the public appeal for information was David COOK, working under Commander Andre BAKER. At that time, Brendan GILMOUR transferred from South East London Murder Investigation Team to the DPS - firstly to the Intelligence Development Group (IDG), then Anti-Corruption Command.

As the public face of the murder enquiry, COOK was allegedly targeted for surveillance by NOTW and Morgan murder suspects.  COOK confronted Rebekah Brooks face-to-face - the meeting facilitated by BAKER and Dick FEDORCIO (see here)

DAMILOLA TAYLOR REVIEW 2002
The Damilola Taylor Investigation Review Report into the 10yr old schoolboy's murder was published. (here).  It castigated press coverage, especially "the unauthorised disclosure of one piece of critical evidence found during the post-mortem examination of Damilola..." A tabloid newspaper published "the detail after the suspects were charged and evidential difficulties arose as a result... It is possible that the leak did in fact come from within the police service." Yet another red flag.

Despite known difficulties with substantial newspaper rewards being offered in high profile murders, the Daily Mail put up £50,000 - reluctantly endorsed by the MET: "Benefits and difficulties were identified, not least the desirability of witnesses emerging as a matter of principle rather than recompense." (p22)  That is exactly what happened; the prosecution case failed in court through the unreliable evidence of 14yr old girl (witness 'Bromley') alleged to have to been motivated by the reward money.  (Daily Mail)

Immediately the case collapsed, child witness 'Bromley' and her mother were stashed in a hotel in Blackheath where it had been arranged with the MET press office they would meet reporters from the News of the World and the Mail on Sunday. A deal was agreed with "the senior press officer at the Metropolitan Police, to pay £45,000 for the Bromley interview." (Guardian)

Yes. Yes, that's correct.  A senior press officer from the FEDORCIO'S Directorate of Public Affairs was acting as agent and broker in a tabloid bidding war - for an exclusive interview with a vulnerable 14yr old girl, in a hotel paid for by the News of the World.

Why?  And on whose authority?

Reneging on their bid agreement lost NOTW their exclusive and incurred a costly employment tribunal, heard amongst acrimonious allegations of police corruption and NOTW leverage deals with the MET to suppress embarrassing stories.  Even that leverage deal was reneged on. It wasn't until more than a year later, in an apparently unrelated incident, the same MET press officer was reportedly suspended on suspicion of the disclosure of unauthorised information to journalists. (Guardian)

OPERATION MOTORMAN 2002-3
It led on from Operation Reproof. It was an Information Commissioner's Office (ICO) investigation into 'industrial scale' Data Protection infringements by private investigators, via corrupt public officials, for a large number of national newspapers. (for background see here).

In March 2003, Rebekah Brooks (then Wade) admitted paying police officers fo information (Culture, Media & Sport Select Committee 2003)

OPERATION GLADE 2003-4
Briefed on Operation Motorman's extensive seizures by ICO Senior Investigating Officer Alex Owens, in May 2003 the MET Department of Professional Standards started its own Operation Glade.  It was an  (p3 here)

investigation into the unlawful disclosure of confidential Police National Computer (PNC) records, in the form of criminal record office (CRO) histories and registered keeper details of privately owned vehicles... passed in to the national press in exchange for monetary payment. 

Glade was led by Det Superintendent Tony FULLER, with Brendan GILMOUR as Investigating Officer. Early in 2004, seven journalists were interviewed under caution but none were prosecuted.  A civilian police worker, ex-MET police officer and two private investigators were subsequently convicted for conspiracy to commit misconduct in a public office and data protection offences.  Operation Glade was clearly yet another red flag.

THE MORRIS REPORT 2004
'An Independent Inquiry into Professional Standards and employment matters in the Metropolitan Police Service'  Its focus was how the MET treated its own officers when they were investigated for alleged misconduct and/or criminality.  The inquiry looked at issues such as accountability and scrutiny of DPS and recommended a fundamental overhaul under the personal direction of the Commissioner.  Now under Dep Asst Commissioner Stephen Roberts, criticism was made of poor practices (p142)

I strongly believe that DPS is not properly regulated and that they think they can do as they please without fear of an investigation into their own activities.

They "did not record all the important decisions on the cases... there can be no confidence that the necessary rigour has been brought to bear... It also makes it difficult to track the thought processes and reasons for decisions made, which is vital." (p161)

Disclosure was refused "just 3 weeks prior to the hearing, citing that some of the documentation was subject to a Public Interest Immunity and could not be disclosed. Why did it take DPS 4 months to respond to the original disclosure request?” Another said the DPS "simply ignored the requests.”  (p171)

Leaks and negative briefings to the press

We asked the MPS to comment on some of the issues arising out of the evidence, in particular the question of information which some officers felt had been leaked to the press. Mr Fedorcio outlined the MPS’ procedures as follows: 'Where we believe unauthorised information has been given to the media the press officer will bring this to the attention of the investigating officer

We have received evidence that suggests that unofficial press releases or comment is made about individuals. The MPS denies this.

I was ordered by my senior officers not to talk to the media in my own defence and...the MPS did nothing "to counter the stream of largely false and damaging articles.

- (DAC Brian Paddick) p170

Arguably these failings echo those of the later investigation Operation Caryatid into phone hacking by Goodman and Mulcaire. Is it at all credible that no-one made any connections? Yet Brendan GILMOUR asserted to Leveson "In 2003, the concept of the national newspapers routinely using police employee to source sensitive information was still relatively unknown. On this basis I believe the MPS response was appropriate." Surely even by then there were more than enough red flags to make bunting for Scotland Yard?

Sir John STEVENS stepped down as Commissioner of the Metropolis in 2005.

Related Articles
Hackgate - Issues For The Burnton Inquiry Into The Murder Of Daniel Morgan
Hackgate - The IPCC and Surrey's "Collective Amnesia"
Hackgate - Alex Marunchak - Presumed Innocent
Hackgate - Springwatch
Hackgate - Elveden: Murdoch Or King Cnut?
Hackgate - Elveden - Murdoch's Catch 22
Hackgate - April Casburn's Conviction - Myths And Misconceptions


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
Alex Marunchak - Presumed Innocent
The Milly Dowler Hacking - Part 1: Questions Still Unanswered
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