Showing posts with label SOCA. Show all posts
Showing posts with label SOCA. 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

Thursday, 30 August 2012

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

Another post from a regular contributor

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

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

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

HASC scrutiny of related issues has though continued - it launched an inquiry into 'private investigators' and held evidence hearings in the spring of 2012.  Aside from issues of regulation, licensing and so on, HASC heard three pieces of evidence of real interest to Hackgate watchers.
  • An unrepentant Julian Pike of Farrer & Co was asked again about News International's use of a private investigator in surveillance of Mark Lewis and Charlotte Harris, lawyers acting for phone-hacking victims.
  • an unexpected bombshell when (under parliamentary privilege) a witness alleged collusion and corruption of MET officers by a leading private investigator and security industry firm.
  • an opportunity to re-visit OPERATION MOTORMAN with the Information Commissioner (ICO).
The HASC Report 2012, 'Private Investigators' is published here.  Deep in the written evidence is a brief supplementary submission (April 2012, p123) from the ICO which repays reading. It seems - perhaps belatedly - there might actually be some cooperation and coordination in investigatory strategy going on.  Whilst the ICO have not prosecuted any private investigators or 'enquiry agents' for the past two years, it says
We have however been engaged in one long-running and complex investigation which we expect to be able to bring to court imminently.
There is little nugget too:
The ICO is also working with other regulators and law enforcement bodies... the Serious Organised Crime Agency (SOCA) have agreed to share some of the evidence obtained in Operation Millipede with the ICO.
 It continues,
Similarly the Metropolitan Police have agreed to share some of the evidence relating to private investigators that they uncover during aspects of the Operation Wheeting investigation into phone-hacking at the News of the World. This information will be collated and used within the (ICO) investigations department to inform and support proactive investigations into rogue elements within the private investigator community.
Joined-up thinking at last by key investigation agencies and (maybe) some signs of a common determination to pursue evidence that has been gathering cobwebs too long.

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

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

You can read it here.


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

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

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

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

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

Sunday, 1 April 2012

The Week in Hackgate 26/03/12 to 01/04/12

A busy week started with Rupert Murdoch turning on his former Tory friends, with him first hitting out at the Tories over their lack of trust and calling for an independent inquiry into the lobbying row.  Of course, he might have been grumpy over Monday night's Panorama episode, Murdoch's TV Pirates, which despite his lawyers best attempts covered attempts by the News Corp owned NDS's attempts to crack the smart cards used by their rival ONDigital, which contributed to their eventual downfall, and the temporary unemployment of one of Britain's best loved figures (not Johnny Vegas) until tea came along.  This didn't sound a million miles away from what occured at Floorgraphics around the same time, but no doubt this is just a co-incidence, and not an indication of a pattern of behaviour, and nothing the Ofcom News Corp team would be interested in.

In the US PBS's Frontline series helped Americans catch up with the Hackgate scandal, while the Australian Financial Review came across NDS's Ray Adams' private emails, and asked the world to help dig through them.  Something Awful forum members uncovered emails about hiring hackers and dodgy bank accounts, and there's sure to be more to be found.  Australian Communications Minister Stephen Conroy said of the latest allegations “These are serious allegations, and any allegations of criminal activity should be referred to the Australian Federal Police for investigation”.  Tom Watson MP advocated an investigation of News Corp Australia, and everyone crossed their fingers in anticipation.

ITN decided to have a close look at Operation Motorman with the help of the Hacked Off campagin, and produced a number of articles and reported that among many news organisations the Daily Mail had a particular preference for the services of dodgy PI Steve Whittamore.  Oddly they also posted an article with the URL http://www.itv.com/news/2012-03-28/do-not-publish-do-not-publish-do-not-publish/, which I'm surprised they published.

Guido Fawkes reported that the Murdochs would appear at the Leveson Inquiry, while Kit Malthouse told the Leveson Inquiry phone hacking was very expensive to investigate, especially as there's so many paedos that need catching, almost as if he wanted there to be no phone hacking investigation for some reason.

A couple of other interesting stories were the mysterious case of the NotW reporter that never existed, and Rupert Murdoch's Twitter account making him look like a silly goose.

As if the week couldn't get any worse Channel 4 News revealed that police officers had been deleting intelligence reports from the national police computer on the orders of criminal gangs in a secret 2008 Serious Organised Crime Agency (Soca) report passed to the Leveson Inquiry.

All in all a very busy week, showing that the Hackgate scandal still has plenty left to shock and surprise.

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