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I saw a redacted copy, which had information about money I'd withdrawn from a cash machine,...the precise amount of money I'd withdrawn from a cash machine, which would suggest someone was looking over my shoulder when I was doing it.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

Hackgate for Beginners - Current Police Operations

[Back to Past Police Operations]

The Sue Akers Operations

Currently there are four ongoing police operations led by Deputy Assistant Commissioner Sue Akers Head of Organised Crime & Criminal Networks within the Specialist Crime Directorate, one of the main branches of the London Metropolitan Police Service.  These are Operation Weeting, Operation Elveden, Operation Tuleta  and Operation Kalmyk.

The build up to Operation Weeting

Operation Weeting into allegations of phone hacking began on 26 January 2011, after the Metropolitan Police announced they had received a “significant amount” of information regarding the conduct of News of the World employees, and that it would take place alongside the previously announced review of phone hacking evidence by the Crown Prosecution Service (CPS).

This “significant amount” of information was partly based on documents that had been originally seized as part of the 2006 police investigation Operation Caryatid into the interception of phone messages from Clarence House that resulted in News of the World journalist Clive Goodman and Glenn Mulcaire being convicted in 2007, and triggered the resignation of Andy Coulson as editor of News of the World.

In 2009 the Guardian began publishing a series of articles claiming that the culture of phone hacking went far beyond what was discovered in Operation Caryatid, and that a wide range of people across different areas of public life had been victims of hacking.  News Corp and the News of the World strongly denied the allegations, and called on the Guardian to share any evidence they had with the police, while the Commissioner of the Metropolitan Police Sir Paul Stephenson directed Assistant Commissioner John Yates to review Operation Caryatid. 

In a single 8 hour session Yates decided not to take any further action, a decision that was examined at the Leveson Inquiry.  Sir Paul Stephenson said John Yates had ruled there was no fresh material that could lead to convictions, and the force felt it couldn’t justify using resources to investigate the claims due to the focus on anti-terrorism at the time.  Director of Public Prosecutions Keir Starmer told the Leveson Inquiry that he had asked John Yates to consider the contents of the “for Neville” email, but John Yates had told him " that it was not new, it had been seen before and thus I took from that he didn’t consider at that stage there was any point for investigation of [the] email.”.

After the police failed to take further action several public figures began legal proceeding against the News of the World owners News International, part of News Corp, and against Glenn Mulcaire.  Papers lodged in the High Court during litigation proceedings brought by Sienna Miller suggested that Ian Edmondson, a senior editor at the News of the World, was involved in work undertaken by Mulcaire.  This led to News International group general manger Will Lewis being tasked with reviewing any internal documents relating to the 2006 Goodman court case, leading him to re-examine all the files held by Harbotle and Lewis, who had defended News International against an unfair dismissal case brought by Clive Goodman in 2007, which uncovered even more questionable material. 

This material was passed onto a second legal firm, Hickman Rose, who in turn asked the former Director of Public Prosecutions Ken Macdonald to examine the evidence and report his findings to the News International board.  The report found evidence of a variety of criminal activity and recommended to the News International board the matter should be referred to the police, which it immediately did.

The Crown Prosecution Service announced that it would immediately review the evidence collected during Operation Caryatid following by the Metropolitan Police announcing on January 26^th 2011 that it was launching Operation Weeting.

Operation Weeting

As of February 2012 DAC Sue Akers has said there’s currently 90 police officers working on Operation Weeting and related operations, reviewing 11,000 pages of evidence, with 5000 landline phone numbers and 4000 mobile phone numbers mentioned in the documents, and a potential 6349 victims and 829 likely victims as of February 2012. 

Currently 23 people have been arrested as part of Operation Weeting, including at least 15 individuals who have worked for News International or News International newspaper titles. 

On May 15^th Rebekah Brooks, her husband Charlie Brooks, News International security head Mark Hanna and 3 others were charged with conspiracy to pervert the course of justice, with Rebekah Brooks facing three separate counts.

Operation Elveden

This operation is running alongside Operation Weeting and is examining allegations of inappropriate payments made to police, and is supervised by the Independent Police Complaints Commission (IPCC).  As of January 10^th 2012 nine arrests have been made as part of Operation Elveden, including police officers and individuals who have worked for News International newspapers.

Operation Tuleta

Also running alongside Operation Weeting is Operation Tuleta, which is investigating allegations of computer hacking, with DAC Akers stating in February 2012 that there are currently 20 officers looking into 57 claims of “data intrusion” on behalf of journalists, examining 4 terabytes of data.

A handful of arrests have been made so far, but interestingly at least 2 of the arrests were for crimes unrelated to journalists, indicating Tuleta is investigating anyone suspected of commissioning hackers, not just journalists.

Operation Kalmyk

This operation is related to Operation Tuleta, and is believed to be related to allegations of the hacking of Ian Hurst’s computer by Phillip Campbell Smith on behalf of the News of the World.  Ian Hurst has stated he believes Phillip Campbell Smith was working for Jonathan Rees, who has been linked to the murder of Daniel Morgan (something I’ll examine in detail later), and was heavily involved with the News of the World.

Operation Rubicon

Separately to Operation Weeting and its related investigations the Scottish Major Investigation Teams under the command of Detective Superintendent John McSporran are investigating aspects of the evidence presented during the Tommy Sheridan perjury trial, along with specific claims of phone hacking and breaches of data protection in Scotland.  On May 2^nd Scottish First Minister Alex Salmond stated 40 police officers were currently working on the operation and the operation would take precedence over any inquiry the Scottish Parliament decided to set up.

Specific allegations by Tommy Sheridan’s solicitor Aamer Anwar include:

-       Allegations that witnesses gave perjured evidence in the trial of Tommy Sheridan.

-       Allegations that, in respect of persons resident in Scotland, there are breaches of data

-       Alleged offences determined from material held by the Metropolitan Police in respect of ‘phone hacking’ (Contraventions of the Regulation of Investigatory Powers Act 2000) and breaches of data protection legislation in Scotland.

-       Alleged instances of police corruption linked to the above two items.

On May 30th 2012 Andy Coulson was arrested and charged with perjury by Strathclyde Police.

Operation Baronet

Surrey Police’s investigation into the hacking of Milly Dowler’s phone.  Currently said to be in the final stages of the operation, which is expected to be completed by the end of May.

[Forward to The Murder of Daniel Morgan]
[Index]

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