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

A Battle Royal - Murdoch vs Monarchy

From a regular contributor:

In the Battle of Harry's Bum, defiance of Leveson's 'chilling effect' in defence of freedom of speech is a mere distraction.  Whilst it may allow a public tussle for the high moral ground - with megaphones brandished in addition to pitchforks - one of its objectives may be to set up Lord Justice Leveson as a sitting target. Polarised debate simply allows the agenda to be hijacked and seen only as 'champions of freedom of expression' v 'authoritarian hand of the state'.

But from another perspective this skirmish has less to do with Leveson and more to do with targeting the Royal family itself - however that is dressed up.  Lest it be forgotten, it was News International that hacked Harry's phone. And it would be a mistake to think that act had one sole motivation because it had several layers.  At one level was a reporter's need for a scoop, at the next level there was an overbearing, over-competitive editorial culture. Add to that, News International's corporate profit-driven motives, plus, at the top level, a motivation to please a proprietor well known for his hatred of class deference, the British Establishment, and blue-blood, inherited privilege.

The predictable Establishment response to Goodman's actions was to circle the wagons of Royal protection.  Arguably, the Metropolitan Police Service (MET) has had a patchy history in that respect. They have been dogged by scandals from Southern Investigations being overheard discussing a story of a Palace fire-arms officer, through News of the World's Sophie Wessex sting, 'Harry's drug shame' story, to the arrest of a female senior Royal Protection officer by Operation ELVEDON. 

The MET response to the Royal household' suspicions of phone hacking needed to be seen to be decisive - and diplomatic.  So a decision was made which would have unforeseen consequences for monarchy, MET and Murdoch.

An investigative strategy was chosen which would give the Royal princes deferential and preferential treatment over all other victims. The prime motivator was to prevent any Royal having to appear as a witness in court, and avoidance of any charges which might reveal the content of any voicemails which might cause embarassment. Rather than data protection, computer misuse or conspiracy offences, a very narrow interpretation of RIPA dictated investigation parameters. 

Naturally, the Crown - the CROWN - Prosecution Service agreed.  With voicemail content 'out of court', proving illegal process was top priority.  The whole impetus for investigation, resources and prosecution had to be zeroed in on technical data. Employees in the Royal household complied with a covert sting, mobile service providers were enlisted to provide technical assistance  - anything to spare Royal blushes.  Of course, News of the World counsel would have used any princely court appearance to their advantage.  Yet, it could be argued that the princes were denied the opportunity to stand up in court and face down a tabloid.  That might have had more of a chilling effect on press 'dark arts' than any judicial inquiry.

The determination to keep the phone hacking prosecutions so tightly drawn rebounded. As the scandal grew wider, the MET response narrowed. Only four categories of thousands in the Mulcaire notebooks were deemed important enough to notify - police, security, senior politicians and of course, Royal.  Royal priority and privilege therefore enabled victims such as the Dowler family, parents of the murdered Soham girls, 7/7 bombings, service personnel killed on active duty in Afghanistan to be overlooked.  They simply weren't as important as protecting Royal from embarassment.  The whole point was to filter out 'extraneous matters'.

John Yates later argued that it just hadn't occurred to the MET that there could have been another category of phone hack targets - victims of crime. Though, debatably, you are only going to find what you go looking for.  The princes themselves were spared a court appearance, spared publicising of their private lives, and spared the opportunity to be treated by the MET as any other victim of phone hacking. In the event, not even the Royal employees had to give evidence in court as Goodman and Mulcaire both pleaded guilty.

And all because Murdoch capos were behaving too as adjuncts to a dynasty above the law.  No doubt Royal household and MET exchanged self-congratulatory sentiments after the convictions - perhaps shook hands, job well done, case closed.  News International retreated behind their 'one rogue reporter' fiction.

House of Windsor, House of Murdoch - neither could possibly have predicted the ensuing combat zone which has led to Harry's arse on the front page of The Sun.

Related Posts
Hackgate for Beginners
Some Intriguing Hackgate "Known Unknowns"
The Milly Dowler Hacking - Part 1: Questions Still Unanswered


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

The Milly Dowler Hacking - Part 3: A Short Postscript

The Leveson Inquiry web site is currently doing a summer document dump.  This comprises three categories of documents - additional Legal Submissions, further 'Taken as Read ' material, and Exhibits to previously published witness statements.  The latter are scattered throughout the alphabetical witness evidence listings.

There are several interesting documents in the newly published Exhibits - hat-tip to Tom Watson MP for pointing to Andy Coulson's Severance/Compromise Agreement with News International here - it's worth reading.

But it was another Exhibit caught my attention....

When Bob QUICK gave his evidence to the Leveson Inquiry, he outlined a review he undertook when he was Chief Constable of SURREY Police. He was asked by the MET to look at the Cash-for Honours scandal (Operation Ribble).  Specifically, there were high-level leaks from the investigation to newspapers.  The then Commissioner of the MET, Sir Paul Stephenson, was very concerned that the leaks were coming from Acting Assistant Commissioner John YATES.

QUICK's Report to Stephenson made more than a dozen suggestions, including that YATES should allow his mobile phone and landline billing records to be scrutinised, scoured for calls to newspaper contact numbers, and timings cross-checked against press stories emanating from leaks.  YATES cold response to QUICK's recommendation was to refuse, saying  "he was ’very well (or too well) connected’. When I questioned this remark he emphasised "No Bob - I am VERY well connected".   (p9)

The full (though redacted) report from Bob QUICK to Stephenson is now available - Exhibit BQ2 here.

This was in late 2006, the exact same time of the well-publicised trial and conviction of Clive Goodman and Glenn Mulcaire. How one 'rogue reporter' from the News of the World had hacked mobile phones for stories made headline news and TV coverage.  Ironic then that one of Bob QUICK's other recommendations to Stephenson was that all phone calls between YATES and the press should be monitored and recorded.  QUICK added that

Surpol (SURREY POLICE) is researching the legality of recording options and I will report on these imminently.

Doubly ironic is that QUICK was seemimgly unaware that he had been  impeded by YATES' cold refusal PLUS the force of which he was Chief Constable.  QUICK was relying on legal research from SURREY POLICE - who had known for more than four years that News of the World had illegally hacked and recorded the voicemail of Milly Dowler.

Related Posts
The Milly Dowler Hacking - Part 1: Questions Still Unanswered
The Milly Dowler Hacking - Part 2: Discrepancies And Delays
Hackgate for Beginners
Surrey Police and the Hacking of Milly Dowler's Phone
Bloggerheads - News of the World: 110% certainty, the remainder fact

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

Glenn Mulcaire And His Money-Laundering Charges

Another piece by a regular contributor.

The Crown Prosecution Service (CPS) statement on Tuesday on Operation Weeting charging decisions repays careful reading.  Beneath the headline-grabbing decisions to charge eight people, there are details which are quite telling - particularly regarding Glenn MULCAIRE.

All, with the exception of Glenn Mulcaire, will be charged with conspiring to intercept communications without lawful authority, from 3rd October 2000 to 9th August 2006.

Two things here are of note:-

• Firstly, Mulcaire appears to be the sole exception because he has already been convicted of the relevant offences of conspiracy to intercept - as has Clive Goodman.  Mulcaire is however charged with other alleged offences for which he has not previously been convicted, in relation to Milly Dowler, Andrew Gilchrist, Delia Smith and Charles Clarke.
• Secondly, the lengthy span of time defined also covers the period of illegal activity uncovered by Operation Motorman (c. 1999 to early 2004).  This appears to be a clear signal that the Motorman Files are also NOT ruled 'out of court' as being too historical to pursue.  Sue Akers' evidence on Monday to the Leveson Inquiry seemed to concur.  She made reference in her update to quantities of evidential material which have been collated 'from previous enquiries'.  These are likely to include, amongst others, Operations Glade and Caryatid as well as Operation Motorman.  At least three of those now charged by the CPS under Operation Weeting are also named in the leaked and redacted Motorman Files 'Blue Book'.

Giving her evidence to the Inquiry the day before the CPS charging statement, DAC Sue Akers was careful not to name them in advance of the CPS Announcement.  At the time of her evidence, she identified as pending charging decisions 11 current or former journalists, plus 1 non-journalist (para 13).  The only non-journalist in the batch now charged by the CPS is Glenn MULCAIRE.  Akers' statement continued

The non-journalist referred to at paragraph 13, together with a further non-journalist, is on pre-charge bail in relation to money laundering offences till 24 July 2012. A preliminary file is currently with the CPS for advice in respect of this matter.

So it seems the only 'non-journalist' is additionally awaiting ANOTHER CPS charging decision - not under Weeting-style data interception - but for alleged money-laundering. Hmmmmm.... wasn't that how Al Capone was tripped up?  It really doesn't do to mess with Her Majesty's Revenue and Customs (HMRC) through aliases, numerous questionable companies or undeclared income.  In February 2012, Tom Watson raised a relevant query with HMRC regarding the tax arrangements of those in receipt of cash payments from News International

....some of which are reported to run into tens of thousands of pounds, failed to declare this on their Self Assessment tax returns. The company failed to take appropriate measures to ensure the recipients were paying tax...  I would ask you to investigate whether a true record of cash payments was kept by the company, and whether any records have been destroyed...

...Although I appreciate there are currently three ongoing police investigations into criminal wrongdoing at News International, I think it is imperative that reassurance is given from HM Revenue and Customs that these important issues are being investigated in cooperation with the Metropolitan Police. I am sure you will agree that no company, or individual, should be allowed to get away with what amounts to possible tax fraud by paying too little tax and acting in a dishonest manner.

As noted in this Brown Moses blog post, 'Where Now for the Motorman Files', Glenn MULCAIRE (alias 'Paul Williams', alias 'Alexander') ran a company called 'Nine Consultancy Ltd' which was dissolved in Feb '06, according to Companies House records.  He also owned another company called 'Nine Consultancy UK Ltd', dissolved in 2007.  It is to be hoped that he was efficient enough not to get invoices and remittances muddled up in the accounts of these two similarly named businesses.

Another MULCAIRE company 'Eight Consultancy UK Ltd' (Company No. 06280986) wasn't dissolved until 2009. And yet another MULCAIRE company, 'C & E Intelligence Services Limited', employed the non-journalist Alison MULCAIRE (resident at the same address) as Company Secretary.  Glenn MULCAIRE was re-employed by News International when he was released from prison for phone-hacking. At this time, Alison MULCAIRE owned two more businesses: 'Global Intel Services Limited' and 'Euro Research & Information Services Limited'.

No doubt invoices and remittances for any work undertaken will all marry up with payment records of News International Trading Ltd, the company formerly-known-as, until June 2011, News International Supply Co Ltd.

All terribly complex, isn't it. But with the help of electronic records, most business acounts these days are an awful lot better organised than Al Capone's were, aren't they?

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

Hackgate for Beginners - The Murder of Daniel Morgan

[Back to Current Police Operations]

In March 1987 Daniel Morgan, a private detective, was murdered in Sydenham in south east London, just as he was reportedly close to revealing police corruption with links to the News of the World.

You might ask why we would want to look at a murder that took place 25 years ago, but it’s important to understand that the collusion between the police and press that’s being uncovered now isn’t just about events that took place in the past few years, but a pattern of corruption that goes back many decades, and that many of the people involved with past corruption are still involved with the Hackgate scandal even now.

After repeated failed police inquiries into the murder which themselves have been mired in corruption the family of Daniel Morgan are still seeking justice, and have spent the past two decades running the Justice 4 Daniel campaign.

Southern Investigations

In 1984 Daniel Morgan and Jonathan Rees set up the detective agency Southern Investigations.  Jonathan Rees is alleged to have had a “network of corrupt police who were involved in widespread criminality and used Southern Investigations as a conduit for drugs and money”, and that Rees “counted many officers as friends. One of his specialities was to use his "friends" in the force to provide information which he sold to tabloid newspapers.”

On the other hand Daniel Morgan’s role “involved him acting as a bailiff or utilising his particular talent for remembering car registration plates and telephone numbers”.

It is believed that at the time of his murder Daniel Morgan was planning to expose police corruption, described by his brother as “police involvement with criminals, involvement with drugs and weapons importation."

More recently, Tom Watson MP alleged in a Commons adjournment debate that Daniel Morgan has approached Alex Muranchak of the News of the World with a story making allegations about police corruption a week before he died, and was offered £40,000 for the story.  He described the relationship between Jonathan Rees and Alex Marunchak as "a close association between Rees and Marunchak ... a relationship that was so close they both had companies registered at the same address".  Watson also stated that "thanks to a Guardian investigation we also know that Southern Investigations paid the debts of Marunchak ".

Alex Marunchak would go on to deny those allegations, as well as other allegations made by Tom Watson.

The death of Daniel Morgan

At 9.30pm on Tuesday March 10^th 1987 Daniel Morgan’s body was discovered next to his BMW in the parking lot of the Golden Lion pub.  An axe, wrapped in Elastoplasts to obscure fingerprints, was protruding at a right angle from his face, his pockets torn open, with notes he had been seen writing missing, but with his wallet and watch still on his body, and he was still holding the two packets of crisps purchased inside the pub.

He had let the Golden Lion pub at 8:55pm after meeting with Jonathan Rees to discuss an issue that was putting pressure on their already fraught relationship.  Rees had claimed he had been robbed while transporting £18,000 for a client of Southern Investigations, Belmont Car Auctions, with at least one moonlighting police officer.  Both Morgan and Belmont Car Auctions believed this was a lie, and Rees and his associates had taken the money for themselves.

At the 1988 inquest into the murder the Southern Investigations accountant Kevin Lennon said that Jonathan Rees had told him “I've got the perfect solution for Daniel's murder. My mates at Catford nick are going to arrange it” and went on to say "He went on to explain to me that if they didn't do it themselves the police would arrange for some person over whom they had some criminal charge pending to carry out Daniel's murder."

The initial police investigation into the murder

Detective Sergeant Sid Fillery at Catford police station was assigned to the case, failing to reveal to his superiors that he had been working for Southern Investigations

At the 1988 inquest Kevin Lennon said Rees wanted Morgan dead after a row: "John Rees explained that, when or after Daniel Morgan had been killed, he would be replaced by a friend of his who was a serving policeman, Detective Sergeant Sid Fillery", and eventually would end up in business with Jonathan Rees at Southern Investigations, recruiting corrupt police officers, and was later convicted for the possession of child pornography.

Sid Fillery and Jonathan Rees would later be arrested in 1987 on suspicion of murder, along with the brothers Glenn and Garry Vian and two Metropolitan police officers, but eventually all of them were released without charge.

Inquiries into the murder

Over the next 20 years five investigations would look into the murder of Daniel Morgan.  The initial investigation into the murder by the Metropolitan Police focused on Sid Fillery and Jonathan Rees, both who denied involvement in the murder.  This was followed by an inquiry by Hampshire Police in 1988 focusing on Jonathan Rees and another man, but the charges were dropped because of a lack of evidence, with the Hampshire inquiry's 1989 report to the Police Complaints Authority stated that "no evidence whatsoever" had been found of police involvement in the murder.  During this period Sid Fillery left the police to join Southern Investigations as Jonathan Rees’ business partner.

In 1999 Operation Nigeria began to investigate Southern Investigations, with bugs being placed inside the Southern Investigations offices by the police.  The operation ceased when Jonathan Rees was recorded conspiring with a corrupt police officer to plant cocaine on an innocent woman in order to discredit her during a custody battle, and in December 2000 he was jailed for seven years.

In 2002-2003 a fourth inquiry began, involving the bugging of a suspect’s car and the home of Glenn Vian.  The investigation obtained evidence that linked a number of individuals to the murder, but the Crown Prosecution Service decided there was insufficient evidence to proceed with a prosecution.

The fifth inquiry took place in 2006, headed by Detective Superintendent David Cook was set up in secret after Metropolitan Police Commissioner Sir Ian Blair declared that the first investigation had been compromised by the involvement of Sid Fillery.

Concerns over connections between Masonic Lodge members and the murder required the 36 police officers involved with the case to state they had never been Freemasons, with Cook describing the murder as being one of the worst kept secrets in south-east London, claiming “a whole cabal of people” knew the identity of at least some of those involved.  He also claimed attempts had been made to smear Daniel Morgan’s character and there had been attempts to link him with Colombian drug dealers.  He identified the main suspects as "white Anglo-Saxons".

Yet again bugs were placed, Jonathan Rees, Sid Fillery, and Glenn and Gary Vian were arrested, along with a builder, James Cook, all on suspicion of murder, plus other related charges.  This time however, the suspects made it to court.

The 2011 Old Bailey trial

The trial was badly handled by the prosecution, with 3 supergrass informers being dismissed as key witnesses, resulting in a stay of prosecution for Sid Fillery and James Cook being discharged. 

In March 2011 the Director of Public Prosecutions abandoned the case and all remaining charges were dropped.  The case had yet to reach the stage where it would look at the murder as it was still dealing with preliminary issues when the prosecution collapsed.  The judge noted the case’s vastness and complexity, and considered that the prosecution had been principled and right to drop the case, but the police had “ample grounds to justify the arrest and prosecution of the defendants”.

A massive amount of evidence had been gathered, over 750,000 documents, with four more crates of evidence being discovered after the trial collapsed. 

Links to the News of the World

After the trial collapsed it was revealed that Jonathan Rees had been working for the News of the World, earning £150,000 supplying illegally obtained information about figures in the public eye.  After serving the prison sentence for perverting the course of justice after the Operation Nigeria inquiry Andy Coulson, then editor of the News of the World, hired Jonathan Rees, and worked regularly with the Sunday and Daily Mirror as well.  Andy Coulson was later hired by David Cameron as director of communications despite warnings about Andy Coulson’s hiring of the convicted criminal Jonathan Rees.

Using a network of corrupt police officers he illegally obtained information on a variety of public figures, including the Royal family, and was also alleged to have commissioned burglaries on behalf of journalists.  However, despite detailed evidence the Metropolitan Police failed to pursue any action against Rees, even to the point of taking the News of the World at their word that Clive Goodman had worked alone when he was convicted for intercepting phone calls from Clarence House.

[Forward to The Leveson Inquiry]
[Index]

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