Showing posts with label glenn mulcaire. Show all posts
Showing posts with label glenn mulcaire. Show all posts

Tuesday, 16 October 2012

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I saw a redacted copy, which had information about money I'd withdrawn from a cash machine,...the precise amount of money I'd withdrawn from a cash machine, which would suggest someone was looking over my shoulder when I was doing it.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

Related Articles
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, 9 October 2012

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:
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

Related Articles
Hackgate - The John Boyall Files
One Rogue Email And The Indestructible Archive 
John Yates And Neil Wallis - A Mutual Understanding
Alex Marunchak - Presumed Innocent
News Corp - Diplomatic Immunity?
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

Sunday, 7 October 2012

Hackgate - The John Boyall Files

The latest piece from my regular contributor.

You win some, you lose some.

Following a four-day hearing last week, the large group of phone-hacking civil claimants won the right to see 9 key Glenn Mulcaire emails. On the downside, Justice Vos said they have enough disclosure material for the current cases so they lost on one issue -
The phone-hacking claimants were seeking further disclosure in relation to Mulcaire's activities before 2001 in an effort to establish whether voicemail interception had taken place earlier than admitted by News International during the course of the civil litigation proceedings
So, restricting the disclosure window  to post-2001? Narrowing the parameters? Isn't that one of the strategies that drew criticism to Operation Caryatid - the original phone hacking 2006 investigation? Has nothing been learnt?

It is to be hoped that an arbitrary 2001 date in the civil cases is not taken as a precedent for ongoing and future police investigations or Crown Prosecution Service (CPS) charging decisions into journalist/private investigator 'dark arts'.  Clearly, the phone hacking victims are not the only ones needing to know the genesis and extent of the 'dark arts' - it is in the wider public interest.

Irrespective of Mulcaire having or not having a direct contract with News International pre-2001, it is in the public domain that he was undertaking investigative work for them.
All through the late 1990s, the paper had been hiring an investigator called John Boyall, who, among other services, specialised in acquiring information from confidential databases. He had a wiry young man working as his assistant, named Glenn Mulcaire. In the autumn of 2001, John Boyall fell out with the News of the World's assistant editor, Greg Miskiw, who had been responsible for handling him. Miskiw replaced him by poaching Glenn Mulcaire and giving him a full-time contract.
John Boyall - at the time that he was employing Mulcaire - came to police attention.  Devon and Cornwall Constabulary scoped intelligence that a nationwide network of private investigators was illegally obtaining information from the Police National Computer (PNC).  That scoping led to an investigation called Operation Reproof.  In turn, Operation Reproof led to the Information Commissioner's Office (ICO) investigation Operation Motorman into data offences, and a Metropolitan Police (MET) investigation - Operation Glade.  For more information, see 'Revisiting Operation Reproof and Other Police Operations'

Devon and Cornwall police organised a raid of business premises outside London associated with Boyall.  ICO investigators were invited to accompany, to deal with suspected Data Protection breaches. Material was seized which indicated corrupt DVLA sources, plus a wealth of other incriminating documentation including commissions from Steve Whittamore (see Alex Owens' evidence to Leveson).

What is less clear is what happened to the wealth of evidentiary material.seized in the Boyall raid.  This of course begs questions - what time period do the 'Boyall Files' cover? Do they include material that may shed light on Boyall and Mulcaire's pre-2001 'dark arts' activities for journalists? Were their specialist corruption and blagging skills commissioned and deployed for other private investigators? Is there material relevant to other contemporaneous police investigations, for example, Operation Nigeria?

Given the MET's past record of effective searches of 'unused material' and their vague, hazy explanation of how long they keep it safe after convictions (five, six, seven years..?) one could be pessimistic. If it weren't for Nick Davies' reports in the Guardian, the Mulcaire material in bin bags may well have found their way into a MET incinerator.  But the best place to start may be via Freedom of Information (FOI) requests to the Information Commissioner's Office itself.  As the entity responsible for ensuring FOI compliance, doubtless they would welcome the opportunity to answer a few questions - in the public interest:

Where are the Boyall Files and unused material?

Were the Boyall Files passed on or copied to the MET for use in Operation Glade?

Did Devon and Cornwall Constabulary retain the Boyall Files and unused material for use in the abortive Operation Reproof prosecutions?

Were the Boyall Files incorporated into the spreadsheets of the more-famous Motorman Files?

Where is the unused material from Operation Motorman, given that the earliest data relate to 1996?

Were copies of the Boyall Files and unused material provided to the MET for use in Operation Caryatid?

Have the ICO been asked, or given, permission for the destruction of any or all of the Boyall Files and/or related material?

At least two allegations of pre-2001 phone hacking were given in evidence to Lord Justice Leveson:
  • James Hipwell's evidence asserted phone hacking at The Mirror 1998-2000
  • Dominic Mohan described how newspapers, in 1998, hacked into the mobile phones of members of the Irish Government to expose lax security.
Therefore there seems to be an argument for locating and preserving pre-2001 material - especially relating to Mulcaire - before it is lost, destroyed or compromised.  The clock is ticking to get it preserved fast.

Related Articles
One Rogue Email And The Indestructible Archive 

John Yates And Neil Wallis - A Mutual Understanding
Alex Marunchak - Presumed Innocent
News Corp - Diplomatic Immunity?
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

Wednesday, 3 October 2012

One Rogue Email And The Indestructible Archive

Another new article by my regular contributor bringing some more order to the chaos of Hackgate.

Often a key Hackgate event has come to light months (even years) later.  It can be confusing - trying to see a wider view and adjusting your fuzzy chronology when fresh information appears. But each new fragment contributes to a better grasp of a bigger picture.  Tracing one aspect through the now-massive volume of material can be useful - in this instance, focusing on News International's quirky dealings with the everyday email.

26 January 2007
Goodman and Mulcaire convicted. Goodman's unfair dismissal claim against News of the World mean that batches of relevant emails are provided to News Int lawyers, Harbottle and Lewis, to inspect for evidence of illegality.  Given their narrowly-drawn remit, unsurprisingly they found none.

24 July 2008
Max Mosley won his legal action against News Group Newspapers (NGN), UK parent company of News International (News Int). One part of the defence case (ironically) was that Max Mosley had deleted emails which the News of the World alleged would have incriminated Mosley and exonerated the newspaper.  NGN were clearly suspicious that deleting emails looked guilty. 

Justice Eady demurred, saying in his Judgement (p17-18  paras 73-78) that Mosley's deletion of the emails
...seem to have been prompted, albeit with no great urgency, by the warnings he had received that he might be under surveillance by unidentified persons with the motive of trying to undermine his character or reputation in the motoring world. These came from Bernie Ecclestone in January and from Lord (John) Stevens at the end of February.
At the time (ironically), post-prison, "Glenn Mulcaire was contracted to give security advice to a private security company, Quest, whose chairman was Sir John Stevens, the former Met Police Commissioner."  (p66, Dial M for Murdoch)

8 July 2009
The Guardian reported that News International settled Gordon Taylor's civil claim: 'Murdoch papers paid £1m to gag phone-hacking victims'

9 July 2009
Assistant Commissioner John Yates (Counter Terrorism Command, Specialist Operations) undertook a day-long consideration of issues raised by the Guardian article the day before.  His conclusion was that a new investigation was not warranted.


14 July 2009At the ensuing Culture, Media and Sport Select Committee hearing, the Guardian's Nick Davies publicly provided Members with the infamous 'for Neville' 2005 email - one rogue email that challenged NGN's 'one rogue reporter' defence.


Nov 2009
News Int established an 'email deletion policy' to "eliminate in a consistent manner" emails "that could be unhelpful in the context of future litigation".



29 July 2010
Following repeated requests, a News Int Senior Executive again pressed for priority action on email deletion - "How come we still haven't done the email deletion policy discussed and approved six months ago?"


4 August 2010
The same Senior Executive asked again about email deletion, adding "everyone needs to know that everything before January 2010 will not be kept."

1 September 2010
The New York Times published a comprehensive story of the phone hacking crisis. Their article included fresh information from former News Int whistleblowers, challenging the fiction of one rogue reporter acting illegally without executives' knowledge - 'Tabloid Hack Attack on Royals, and Beyond'






2 September 2010
Metropolitan Police commence Operation Varec to investigate the New York Times article of the previous day.  Varec was undertaken by Counter-Terrorism Command in Specialist Operations.

6 September 2010
News Int were served with a letter from Sienna Miller's legal team requiring that all relevant documents and emails be preserved. In addition, her legal team demanded the preservation of all computers used by named News of the World journalists. (p 17 Admitted General Particulars of Claim)

9 Sept 2010
A News Int IT employee wrote about deleting emails the next day, "There is a senior NI management requirement to delete this data as quickly as possible..."

11 September 2010
It is alleged that "on 11 September 2010, April Casburn, being a public officer, and acting as such, without reasonable excuse or justification, wilfully misconducted herself to such a degree as to amount to an abuse of the public's trust in that office. This charge relates to an allegation that DCI Casburn contacted the News of the World newspaper and offered to provide information." (Crown Prosecution Service charge press statement)

It was reported by the Telegraph that this "related to information allegedly offered to the News of the World about Operation Varec", though it is not yet known if NotW accepted any offer of any inside-track Varec info. Detective Chief Inspector Casburn is a serving senior Metropolitan Police officer in Counter Terrorism Command in Specialist Operations.

Same day - 11 September 2010
All emails from News Int's email archive were deleted, up to September 30th 2004 (p17, Admitted General Particulars of Claim, as above)

October 2010
There now appeared a sense of urgency, brute force is applied - all computers used by News of the World journalists were 'taken out and smashed up' - physically destroyed and the hard drives put through a grinder. (Daily Mail)

10 November 2010
It was revealed by the Guardian that News of the World "accepted liability over allegations from Sienna Miller which included that her private emails had been opened".

17 November 2010
Bob Bird, Editor of News of the World Scotland, gives evidence at the Tommy Sheridan perjury trial -
Mr Bird told the court that the newspaper had lost 'six months' worth of emails due to a decision to archive them in Mumbai India
9 - 10 December 2010
Andy Coulson, Director of Communications at 10 Downing Street, gave his evidence at the Sheridan perjury trial.

21 January 2011
Andy Coulson resigns from No 10 post.

26 January 2011
Operation Weeting was announced. (MET Press Statement at start of Operation Weeting)
The MPS has today (26 January) received significant new information from News International relating to allegations of phone hacking at the News of the World in 2005/06. As a result, the MPS is launching a new investigation to consider this material... The original phone hacking investigation was undertaken by the Counter Terrorism Command in Specialist Operations. However, in view of their current workload and the continuing 'Severe' threat level, it has been agreed that it is no longer appropriate to divert them or Acting Deputy Commissioner John Yates from their main duties and responsibilities. Accordingly, this new investigation will be led by Deputy Assistant Commissioner Sue Akers from the Specialist Crime Directorate.
Late January 2011
...a News International executive may have deleted millions of emails from an internal archive in an apparent attempt to obstruct Scotland Yard's inquiry into the phone-hacking scandal.
 (Guardian)

31 January 2011
A data company may have pressured News Int to admit the backed-up pre-2007 email archive still existed - "no emails had been lost en route to Mumbai or anywhere else in India" - they had been located, near Bristol.

May 2011
Former Director of Public Prosecutions, Lord MacDonald, was hired by global parent company News Corporation to re-inspect some of the Harbottle and Lewis email files - ignored since 2007.  It took him just minutes to conclude that the emails must be handed to the police.
(Qs 1056-1060 Culture, Media and Sport Select Committee)

18 July 2011
Metropolitan Police Assistant Commissioner John Yates (Counter Terrorism Command, Specialist Operations) resigned.

The News Corp Board followed Lord MacDonald's advice and the emails were provided to the MET Police.  These emails were the kick-start for the MET to intiate Operation Elevedon, their investigation into corruption of police officers and other public officials.

Who could have predicted?  You start with one rogue email and end up with a BIG can of worms...

Related Articles
John Yates And Neil Wallis - A Mutual Understanding
Alex Marunchak - Presumed Innocent
News Corp - Diplomatic Immunity?
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

Monday, 24 September 2012

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

Friday, 24 August 2012

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

Thursday, 23 August 2012

The Milly Dowler Hacking - Part 2: Discrepancies And Delays

Part 1 provided contexts up until just after Milly Dowler's disappearance.  Part 2 looks at when evidence and suspicions of NotW hackings could - perhaps should - have been unearthed.

May 02  Seven weeks after her disappearance, Bob and Sally Dowler were stalked by NotW whilst they quietly re-traced missing Milly's last known steps. Their 'grief walk' became a major story in NotW, with surveillance photo.  Sally told her police Family Liaison Officer that NotW could only have found out their plans from their phone conversation or a police source.

SURREY Police therefore had an opportunity to connect their knowledge of NotW phone hacking and suspicions that it was still continuing, with Milly's parents as targeted victims.  Adjoining force, Sussex Police, were requested to start a review of the SURREY Dowler enquiry. It is not known if SURREY's knowledge of NotW hacking was disclosed to Sussex officers.  Another missed opportunity.

16th July 02  A major discrepancy here.  According to a SURREY Police statement in 2012 (page 13), this date was when NotW met with SURREY Police detectives Craig DENHOLM and Stuart GIBSON of the Miller Dowler investigation team.  This contradicts The Independent's report  (also cited in Part 1) that two face-to-face meetings had taken place weeks before, in April. The July 16th timing is debatable however as Stuart GIBSON had already been replaced on the Dowler investigation in late June.

Aug 02  The Soham murders, Cambridgeshire.  In 2011, the victims' parents were informed by police that their phone numbers had been found in Glenn MULCAIRE's notebooks.

Sept 02  Milly Dowler's body found.

Nov 02  Devon and Cornwall Police's Operation REPROOF planned with ICO their first raid on suspect premises.  As per good practice REPROOF informed, liaised with and secured necessary support from the relevant geographical constabulary - SURREY Police.  REPROOF and ICO then raided the business premises (Guildford, SURREY) and home (Caterham, SURREY) of John BOYALL. As a result of material seized, ICO commenced OPERATION MOTORMAN, their investigation into widespread data offences.

Mar 03  Raid on Steve WHITTAMORE's Hampshire home and the business premises of 'JJ Services' , registered address Sutton, SURREY - on the SURREY/MET border. Evidence was found of illegal access to the Police National Computer (PNC) and two other suspects were investigated - one was a civilian worker at a MET police station. The other, retired MET officer Alan King, had his private investigator premises in London searched and his home in Coulsdon, SURREY.

Apr 03  OPERATION MOTORMAN investigators briefed MET officers on their evidence that PNC information had been accessed by WHITTAMORE associates.  The MET then started preliminary investigations, prior to establishing their own formal Operation GLADE.  Also in April 03, Bob QUICK left the MET for his new appointment as Deputy Chief Constable of SURREY Police.

May 03  ICO investigators gave the MET further detailed update presentations on OPERATION MOTORMAN and evidence uncovered for use in Operation GLADE. The unsorted MOTORMAN Files continued to be organised and compiled into an electronic database.

Aug 03  OPERATION GLADE officially commenced - this MET investigation was restricted to only some of the PNC offences uncovered by MOTORMAN.

2003 - 04 Controversially, OPERATION MOTORMAN refrained from interviewing any journalists.  OPERATION GLADE interviewed only seven journalists; none were prosecuted.  More missed opportunities.

Oct 04  Bob QUICK promoted to Chief Constable, SURREY Police.

Apr 05 OPERATION GLADE investigation concluded in convictions of John BOYALL, Steve WHITTAMORE, ex-MET officer Alan King and MET civilian worker Paul Marshall after guilty pleas.  Via prosecutions preparations, copies of the MOTORMAN Files remained in the possession of the MET and the Crown Prosecution Service (CPS). The ICO retained their own MOTORMAN database and the original hard copy evidence.

Just a few weeks later, members of the royal household began to suspect their phone messages were being intercepted by NotW.  Their suspicions were raised with MET Counter-Terrorism/Royalty Protection - the command headed by Andy HAYMAN. Dec 05 the resultant covert investigation started - OPERATION CARYATID.

Apparently, the MET failed to make any connection between CARYATID and the MOTORMAN or GLADE investigations, despite NotW featuring so largely in all three operations.

8 Aug 06  OPERATION CARYATID raided the London home and attempted to raid the NotW Wapping office of royal correspondent Clive GOODMAN. Simultaneously, Glenn MULCAIRE was also arrested and a large quantitiy of material seized from his London home and from business premises in Sutton, SURREY.

CARYATID established extremely narrow parameters solely to inform 4 priority categories of people named in MULCAIRE's notebooks and defined as victims - royal, politicians, police and national security.  Even so not all were informed, including Deputy Prime Minister John Prescott.  MULCAIRE's information gathered about the Dowler family was undiscovered in his notebooks, and stored by the MET in bin bags.  Yet another opportunity missed.

Nov 06  GOODMAN and MULCAIRE convicted.

2007  Gordon Taylor negotiations on his settlement with NotW.  His lawyer, Mark Lewis, gained a crucial court decision ordering diclosure of all relevant material held by:
MET (from MULCAIRE and OPERATION CARYATID)
CPS Crown Prosecution Service (limited material from OPERATION CARYATID)
ICO (from OPERATION MOTORMAN)

It seems that all evidence of the Dowler hackings was still left overlooked in this disclosure search process.

Mar 08  Bob QUICK left SURREY Police for new post at the MET as Assistant Commissioner Specialist Operations (Counter-Terrorism, Cabinet and Royal Protection).  It is not apparent if he was briefed on OPERATION CARYATID and its implications for royal, national security and senior politicians' protection. And if not, why not.

Apr 08  Craig DENHOLM left SURREY Police for his new post as MET Commander working directly with Assistant Commissioner John YATES.

June 09  Craig DENHOLM left MET and returned to SURREY Police for promotion to Deputy Chief Constable.

July 09  John YATES did his one-day assessment to decide that re-examining OPERATION CARYATID unused evidence was unnecessary.  Questions are still unanswered as to whether or not DENHOLM informed YATES what he knew, and his '02 meetings with NotW when they had admitted Milly Dowler's mobile phone was hacked.  And if not, why not.

Also in July, the CPS undertook its short, parallel consideration of its limited CARYATID material and supportively agreed with YATES that no re-investigation was justified.

The Dowler evidence in bin bags of MULCAIRE material continued to be overlooked.

Aug 09  YATES instructed CARYATID material to be collated and (for the first time) entered into a searchable database.  This work took months

2010  Civil litigations, Select Committee evidence and other revelations increasingly rendered NotW's 'one rogue reporter' defence untenable.

Jan 2011 MET announced the start of the OPERATION WEETING investigation into phone-hacking.

Apr 2011  Sally and Bob Dowler are finally informed by OPERATION WEETING that their (and their murdered daughter's) phone mesages had been intercepted. 

Apr 2012  The Culture, Media & Sports Select Committee reported that John YATES "told us that the eventual number of additional victims who were contacted as a result of the supposedly more vigorous investigation in 2009 was just eight." (para 259)

Inexplicably - and unforgivably - this was more than nine years after SURREY Police knew of the Milly Dowler phone hacking.

There may yet be legal repercussions for SURREY.  They are mentioned twice in court rulings of the 'Mobile Telephone Voicemail Interception Litigation'.  The Generic Particulars of Claim (the agreed basis for all current and future litigation) states that NotW journalists  "had admitted to Surrey Police in April 2002 that the First Defendant (News Group Newspapers) had unlawfully accessed Milly Dowler's voicemail messages."

Plus, Mr Justice Vos has adressed another ruling to the MET on processes for disclosures to claimants.  Vos ordered the Met to disclose to claimants relevant documents, computer data and other material - including that of
the Respondent (The Commissioner of the Police of the Metropolis), the First Defendant (News Group Newspapers),  Clive Goodman and the Surrey Police.
Grouped together in this way, they look a motley crew...

Related Posts
The Milly Dowler Hacking - Part 1: Questions Still Unanswered
The Milly Dowler Hacking - Part 3: A Short Postscript
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

Thursday, 2 August 2012

Some Intriguing Hackgate "Known Unknowns"

Another article by a regular contributor.
...There are known unknowns; that is to say there are things that, we know know we don't know...
Some loose ends: The Leveson Inquiry has not concluded its formal evidence hearings having tied up all the frayed ends. In fact, it would be more accurate to say the Inquiry has not even concluded.  Dacre and Associated Newspapers have rowed back from their challenge to Lord Justice Leveson over prima facie wrongdoing evidenced in Operation Motorman - see their response to Leveson's Ruling - and have thus evaded the threat of Motorman Hearings in August. Yet, more submissions on partial release of Motorman information are expected from Core Participant Victims' counsel and any relevant responses should be completed by September 10th. These, together with the return of Sue Akers to update on police investigations, point to at least one more Hearing in mid-September.

And there are several more 'known unknowns'...

The Motorman Files: It is not explicitly known whether the Motorman material now forms part of the evidence currently being investigated.  However, recent charges specify timescales similar to Steve Whittamore's illegal activities and Sue Akers has made reference to evidence utilised from "previous investigations".  A limited amount of information is known from the Motorman Files, but further unknown lines of enquiry could come from the 17, 000 lines of information estimated by Alex Owens, (para 5.10), or 13,343 lines according to the Information Commissioner, 5,025 clear breaches and 6,330 probable breaches of law (pp 56-57' Robert Jay's Opening Submission Nov 14th 2011)

Glenn Mulcaire was ordered by the UK Supreme Court to disclose the names of those who commissioned him. These names will be disclosed only to victims' legal representatives - and to the Metropolitan Police Service.  It seems clear that the Met are then able to use this information in files for charging decisions which are referred to the Crown Prosecution Servive (CPS).  We do not know if those commissioning Mulcaire include any of those journalists already arrested or charged, but we do know that there are 28 legible 'corner names' in the Mulcaire documents.

The Mulcaire Notebooks comprise c. 11,000 pages, 2,266 taskings, those 28 legible corner names, 5,795 named potential victims, 690 audio recordings, 586 voicemail messages and an unquantified amount of computer material.
According to the Metropolitan Police, News International hacking operation had certainly begun by 2002, Milly Dowler being the first named victim. We, however, have recently seen a document which emanates from May 2001. The police believe that it continued until at least 2009. This belief is not derived from an analysis of the Mulcaire notebooks, which we know were seized back in 2006.
- Mr Jay, Opening 14th Nov 2011, pp86-88

So, it appears that there is unknown, additional corroborating evidence that post-dates Mulcaire's 2006 arrest. This must mean that there are as-yet unknown alleged offences between 2006-2009, for which Mulcaire (and possibly alleged conspirators) may or may not have recently been arrested and/or charged under Operation Weeting.

It is not known in detail what the Operation Nigeria material may contain that is relevant specifically to Hackgate.  It is though known that it is amongst the 750,000 documents in connection to Daniel Morgan's murder, and there is substantial other evidence including audio recordings. Surprisingly not all of these audio recordings have yet been transcribed, according to Tom Watson (House of Commons, 29th February 2012)

It is though known that ALL of the evidence relating to the murder of Daniel Morgan - which includes the Operation Nigeria material - is undergoing a forensic review by the Met, and possibly the Independent Police Complaints Commission (IPCC). The use of the term 'forensic' is nicely ambivalent as - technically- it encompasses establishing evidence to the standard necessary for court proceedings.  This follows the collapse at trial of the fifth investigation into Daniel Morgan's violent death, and publication of the official Report into how and why the trial collapsed.  (Confusingly, by a strange coincidences, one of the counsel at trial was 'Jonathan Rees QC')

The Cook/Hames Surveillance:  Two people amongst those arrested in 2012 have previously been reported to have connection or involvement with the obtaining of information and surveillance of Dave Cook and Jacqui Hames in 2002.  Both targets were then serving Met police officers, and Dave Cook at the time was an investigating officer on the fourth investigation into Daniel Morgan's murder.  Two others, Alex Marunchak of News International and Sid Fillery, are not known to have been arrested for any Hackgate allegations. Jonathan Rees, Fillery's former business partner, was in prison at the time of the possible conspiracy.

However, it is now known formally that the Cook/Hames surveillance, and the subsequent confrontation at Scotland Yard with Rebekah Brooks, IS being investigated. This is acknowledged by the Metropolitan Police here (Q28), which is an informative read.

Additionally, included are extensive questions on Daniel Morgan's murder (Q40 Daniel Morgan). These questions are not answered publically, presumably so as not to prejudice the forensic review or any possible future arrests.

A Senior Met officer has apparently made a court appearance in relation to an unknown prosecution.  As there are court-imposed reporting restrictions imposed till October, there is no public knowledge who he (or indeed she...) might be.  One national journalist observed on Twitter, following a list of CPS Operation Weeting charges on July 24th: 
and finally... charges against a quite senior Met Police officer remain secret #openjusticemyarse
The same day another national journalist, whose specialisms include writing on Hackgate, tweeted
A very senior police officer is accused of breaking the law in an area which I cover, but I can't tell you who they are due to a court order...
...But I can tell you it sounds very interesting. Roll on October.
Obviously, these tweets may be merely a plausible coincidence of timing and could be utterly unrelated to Hackgate.

The most recent Operation Tuleta arrests of named and unnamed Sun journalists have been accompanied by Met statements to the effect that they
... relate to a suspected conspiracy involving the gathering of data from stolen mobile phones and is not about seeking journalists to reveal confidential sources in relation to information that has been obtained legitimately.
It is unknown whether the mobile phones involved were allegedly stolen at random, or whether the alleged conspiracy targeted specific mobile phones, potentially stolen to order.  Sue Akers third appearance at the Leveson Inquiry made a short reference to further Operation Tuleta initiatives which may range nationwide.

New allegations/News Corp:  Lastly there is the known unknown of new allegations of wrongdoing being countered by Michael Silverleaf QC on behalf of News Corporation.
The details of the allegations, which could be used to seek punitive damages, should be kept from the public unless they are approved at a Sept. 7 hearing and added to the victims’ so- called generic claims, Judge Geoffrey Vos said
Silverleaf said, "The claims outline “generalized activities which we think are unsustainable...They may change the approach we are taking to the case."  These new allegations could well be connected to the new information, alleged by victims' legal representatives, that
News Corp failed for months to disclose in civil litigation an executive’s e-mail with instructions on hacking the mobile-phone voice mail of a “well-known person. 
How far these 'known unknowns' might reveal themselves over the next few months will continue to make Hackgate very engaging.

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

Thursday, 26 July 2012

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

Thursday, 12 July 2012

Where Now For The Motorman Files?

Another piece by a regular contributor speculating on the future for the Operation Motorman files:

The latest Ruling given by Lord Justice Leveson is his THIRD on Operation Motorman - it just won't go away.  (For more on the genesis of Operation Motorman, see here) 

The 1st Ruling on Op Motorman was dated 2nd Dec '11, and set out conditions of confidentiality and security imposed on Core Participants' access to electronic spreadsheet copies of the 'Motorman Files'.  The same day, Leveson held private hearings to address concerns from Core Participants on the assumptions the Inquiry could agree regarding the Motorman Files as evidence of wrongdoing.

The 2nd Motorman Ruling was 11th June '12. It addressed arguments on the validity for the Inquiry of releasing the names of the commissioning journalists to ascertain if their employers had subsequently reprimanded, disciplined or alternatively rewarded them with promotion. Leveson resolved that counsel for victims could present evidence from the Motorman Files only for those journalists still continuously employed. this restricted release of Motorman evidence would be names-redacted  for the public domain. Leveson proved loathe to publicise journalists' names as, he said, "I did not intend to prejudice the ongoing criminal investigation".

The 3rd Ruling, dated 11th July '12, specifically concerns Associated Newspapers submissions which challenge Leveson's assumed acknowledgement of prima facie illegalities contained in the Motorman Files. Lord Justice Leveson has, as a consequence, said that he is now prepared to make public Motorman data relating to Associated in order to resolve the contended issues.  There may be Public hearings in August for the Inquiry to deal with this sticky subject.  (For analysis, see here)

A trawl back shows that Motorman has dominated a great deal of Inquiry witness evidence, legal submission and opening statements in every Module.  Throughout, newspaper groups whose journalists are named in the Motorman Files have argued that the evidence so old, dating back to 2000-03, and could not possibly have any relevance to the current Inquiry.  Yet the Motorman Files contain, for example, evidence that Whittamore was commissioned to target the phone numbers of family members of Milly Dowler, in 2002.  Operation Baronet is the investigation into the in/actions of Surrey Police officers who, in 2002, were aware of interceptions of Milly Dowler's voicemail by the News of the World.  Glenn MULCAIRE's hacking activities for News of the World date back at least as far as 2002 if not earlier. Obviously the length of time that has passed has not precluded other police enquiries.

And wait up a minute..... what was that again? in the 2nd Motorman Ruling? Leveson saying he did not want to "prejudice the ongoing criminal investigation"? Why would he say that specifically in relation to OPERATION MOTORMAN?  Might it be that Motorman is being re-examined?  So many questions, so many loose ends...

One interesting aspect which might be worth some speculation is what has happened since Operation Motorman.  It certainly is remarkable how several 'enquiry agents'  quietly resumed working for national titles following conviction - remaining loyally silent and not implicating newspapers who commissioned them. 

Whittamore's associate John BOYALL's  premises (Data Research) were also reported as raided for evidence by Operation Motorman. 'Data Research Ltd' is dormant but still in existence, based in Surrey, but BOYALL is not listed as director - Christopher DEWSE is, another 'enquiry agent' named in the Motorman Files.

BOYALL is listed as director of 8 different companies, including the very similarly-named 'L.R.I. Research Limited', 'Legal Resource and Intelligence Research Limited' and 'Liberty Resources and Intelligent Research Limited'.

For more on evasive legal strategies of business name-changes and Jonathan REES, see 'Southern Investigations: What's in a Name?'

Glenn MULCAIRE was re-employed by News International after his release from prison, even though Mulcaire's company 'Nine Consultancy Ltd' had been dissolved in Feb '06. But Mulcaire (aka 'Alexander', aka 'Paul Williams') had another company called 'Nine Consultancy UK Ltd' too, not dissolved until 2007.

Yet another Mulcaire company 'Eight Consultancy UK Ltd' (Company No. 06280986) wasn't dissolved until 2009. Presumably, this was the conduit for his invoicing.

'JJ Services' is obscured amongst similar names in the Companies House database. However, within a month after the Operation Motorman raid, Whittamore's wife Georgina (resident at an address in Surrey) incorporated a business called 'JJ Information Ltd'. It is therefore possible that it was this new company that was open for business as usual and still used by Express titles as late as 2010.  Associated Newspapers continued to use Whittamore, according to Paul Dacre's witness evidence to the Inquiry (p 49): "But you know in 2007 we brought the shutters down and banned absolutely the use of all these -- of Whittamore enquiry agencies."  Note the plural.

So, how far has Motorman information been circulated? How much is already in the public domain? Well, a surprising amount...

The ICO have released relevant documentation to selected victims of Glenn Mulcaire's phone hacking, eg Gordon Taylor.

A Freedom of Information request made by Tom Watson MP in Feb 2010 brought some informative (though heavily redacted), searchable material into public scrutiny including the kinds of information targeted, such as criminal records checks, vehicle, friends & family numbers. 

The ICO says the Motorman Files were also used in "the Southampton prosecutions" (anybody..?), and were inspected by the Chair of the Culture, Media & Sport Select Committee.

Alex Owens, former Senior Investigating Officer of Operation Motorman, provided the Leveson Inquiry with the full Motorman Files.

Core Participants have been provided with copies of Alex Owens' Motorman Files data, under strict conditions of confidentiality.

Guido Fawkes leaked a partially redacted version of the Motorman Blue Book on his blog (servers located outside of UK).

Several news organisations have had access to the full unredacted Motorman Files, resulting in reports eg The Guardian, The Independent, and ITV.

The Leveson Inquiry has required the ICO to hand over the original Motorman Files in their hard copy form.

Leveson's 1st Ruling also reveals another striking recipient of the Motorman Files: 
I also make it clear that I understand that the Metropolitan Police have been provided with copies of these documents by the Information Commissioner for the purposes of their inquiries.
Maybe 63yr old Steve Whittamore (Director ID : 908886016 Year of Birth: 1949, wife resident in Surrey) might have additional information of interest to the Metropolitan Police Service? Perhaps the Met indeed want the Motorman Files to assist  live investigations?  Might the Met be thinking of interviewing more journalists,and perhaps this explains their extending of interest further than just News International titles? Using information NOT provided by News Corporation's Management and Standards Committee? 

How much longer before the Operation Motorman dam bursts?

So many questions, so many loose ends...

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