Showing posts with label MET. Show all posts
Showing posts with label MET. Show all posts

Wednesday, 31 October 2012

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 
John Yates And Neil Wallis - A Mutual Understanding
Alex Marunchak - Presumed Innocent

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

Tuesday, 28 August 2012

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