SubScribe
  • Home
  • General Election 2019
    • Random thoughts
    • Guest blog
    • Daily Express
    • Daily Mail
    • Daily Mirror
    • Daily Telegraph
    • i
    • Metro
    • The Guardian
    • The Sun
    • The Times
  • Brexit
    • Whitetops immigration
    • Theresa's travels
    • Gove and Trump
    • Theresa May's trousers
    • Brexit blog
    • Events
    • Daily Express
    • Daily Mail
    • Daily Mirror
    • Daily Star
    • Daily Telegraph
    • i
    • The Guardian
    • The Sun
    • The Times
    • Daily Star Sunday
    • Mail on Sunday
    • The Observer
    • The People
    • Sunday Express
    • Sunday Mirror
    • Sunday Telegraph
    • Sunday Times
    • Sun on Sunday
  • The schedule
  • Blogs
    • Editor's blog
    • Gameoldgirl's Notebook
    • Pictures and spreads
    • Press box
    • General Election
    • Ukraine revolution and the threat to the West >
      • Putin wants more than Crimea, he wants half of Ukraine
      • Putin, the Man of Destiny, and dreams of a Eurasian empire
  • The industry
    • The nationals
    • Press freedom >
      • Attacks on the Press
      • Al Jazeera on trial: why should we care about journalists? >
        • Al Jazeera on trial: Peter Greste
        • Al Jazeera on trial: Abdullah Elshamy
        • Al Jazeera on trial: the court hearings
        • Al Jazeera on trial: the final session
      • RIPA
      • RIPA and the protection of sources
      • RIPA and the Press: guest blog
      • Journalists under surveillance
      • World Press Freedom Day
      • Surrendering press freedom: guest blog
      • Michael Wolff and the free Press
    • Press regulation >
      • From Milly Dowler to Sir Alan Moses
      • Letter to Murdoch
      • Leveson inquiry: an expensive hiding to nothing
      • Press regulation, history, hysteria and hyperbole
      • Parliament, Hacked Off and self-regulation of the Press
    • Journalists in the dock >
      • Too embarrassed to look in the mirror?
      • The tally
      • Operation Elveden
      • Phone hacking
      • Operation Tuleta
      • Journalists on trial 2014 archive
    • Local papers matter >
      • Local newspapers have to change
      • Monty's vision
      • The Full Monty: the Local World vision put into practice
    • Whistle-blowers
    • Journalism shouldn't be for the elite
    • A question of trust
    • News judgment >
      • Daily Star Hallowe'en special
      • Tesco profits scandal
      • Manchester kennels fire
      • Lambing Live
      • Lottery winners separate >
        • Love and the lottery winners, part 2
      • Give us news not puffs
      • April Fool >
        • The giant banjo
        • Deceived or deceptive, the paper must take the rap
      • The art of Sunday editing
    • Peter Oborne quits >
      • Guest blog: Why I resigned from the Telegraph
      • Peter Oborne: The Telegraph strikes back
      • advertising v editorial
    • Award winners >
      • Regional Press Awards 2013
    • Obituary
  • SubScribe commentary
    • Paris terror attacks
    • Mohammed Emwazi and Isis killings >
      • James Foley murdered
      • The murder of Steven Sotloff
      • David Haines and Isis propaganda
    • Charlie Hebdo massacre >
      • Charlie Hebdo aftermath
    • Kidnapped Nigerian schoolgirls >
      • Nigeria's abducted girls and massacre
    • Ebola
    • Frontline reporting
    • Typhoon Haiyan
    • Obama's selfie
    • It takes all sorts to make a family >
      • This is what a flawed feminist campaign looks like
      • A level results day: bring on the token boys
      • Kellie Maloney faces the world
      • Women in trouble for getting ahead
      • Pregnant soldiers
    • Ashya King and the force of authority >
      • Stephen's story: did the Press help his cause or take over his life?
      • Colchester cancer scandal
    • Poppymania
    • Cameron's tax cut promise >
      • The blue-rinse bingo Budget
      • Politicians need their holidays too
      • Cameron's reshuffle: bring on the women
    • Brooks Newmark sting
    • Scottish referendum >
      • Scottish referendum: the final editions
      • Scottish referendum miscellany
      • The Queen speaks
    • The European elections audit >
      • Election audit: the last wordle
      • Election audit: Daily Mail
      • Election audit: The Times
      • Election audit: Daily Express
      • Election audit: Daily Mirror
      • Election audit: The Independent
      • Election audit: Guardian
      • Election audit: Daily Telegraph
      • Election audit: The Sun
    • Maria Miller
    • Harman, Hewitt and the paedophiles >
      • Hewitt apologises and the Sun picks up the cudgels
      • Mail v Labour trio, day 6: Harman capitulates and the bully wins
    • Immigration >
      • Katie Hopkins and drowned refugees
      • A year of xenophobia
      • The Express and immigration
    • Prince Charles and the floods >
      • Prince George
    • Food banks
    • Why is football more important than all the news? >
      • Cheerleading
      • Kelly Gallagher beats the world
      • Jenny Jones struggles against Kate and ManU
      • Reading Chronicle and football hooliganism
    • The weather
  • Odds and sods
  • OpEd
    • Oped December >
      • Politics 22-12-15
      • Brexit: 21-12-15
      • Politics 18-12-15
      • Politics 17-12-15
      • Politics 16-12-15
      • EU referendum: 15-12-15
      • Politics 14-12-15
      • Right-wing politicians 11-12-15
      • Donald Trump: 10-12-15
      • Donald Trump: 09-12-15
      • Politics: 08-12-15
      • Politics: 07-12-15
      • Syrian airstrikes 04-12-15
      • Syrian airstrikes: 03-12-15
      • Syrian airstrikes: 02-12-15
      • Labour and Syria: 01-12-15
    • OpEd November >
      • Syrian air strikes: 30-11-15
      • Autumn Statement: 27-11-15
      • Autumn Statement: 26-11-15
      • Russia in Syria: 25-11-15
      • Comment awards 24-11-15
      • Paris attacks: 23-11-15
      • Politics: 20-11-15
      • Paris attacks 19-11-15
      • Terrorism: 18-11-15
      • Paris attacks 17-11-15
      • Paris attacks 16-11-15
      • Politics: 13-11-15
      • Politics 12-11-15
      • Politics: 11-11-15
      • Britain and Europe: 10-11-15
      • Remembrance: 09-11-15
      • Sinai jet crash: 06-11-15
      • UK politics 05-11-15
      • UK politics: 04-11-15
      • State surveillance: 03-11-15
      • Poliitics: 02-11-15
    • OpEd October >
      • Politics: 30-10-15
      • Tax credits: 29-10-15
      • Tax credits: 28-10-15
      • Tax credits: 27-10-15
      • Lords v Commons: 26-10-15
      • UK politics: 23-10-15
      • Politics: 22-10-15
      • Xi Jinping: 21-10-15
      • Xi Jinping: 20-10-15
      • China visit: 19-10-15
      • Politics: 16-10-15
      • Politics 15-10-15
      • Politics: 14-10-15
      • EU referendum 13-10-15
      • Europe: 12-10-15
      • Politics 09-10-15
      • Cameron's speech: 08-10-15
      • Conservatives: 07-10-15
      • Conservatives: 06-10-15
      • Conservatives: 05-10-15
      • Politics 02-10-15
      • Labour conference 01-10-15
    • OpEd September >
      • Politics 01-09-15
      • Europe 02-09-15
      • Migrant crisis 03-09-15
      • Migrant crisis 04-09-15
      • Migrant crisis 07-09-15
      • Migrant crisis 08-09-15
      • OpEd: Drone strikes 09-09-15
      • OpEd: Migrant crisis 10-09-15
      • OpEd: Jeremy Corbyn 11-09-15
      • OpEd: Jeremy Corbyn 14-09-15
      • OpEd: Jeremy Corbyn 15-09-15
      • OpEd: Jeremy Corbyn 16-09-15
      • OpEd: Jeremy Corbyn 17-09-15
      • OpEd: Labour 18-09-15
      • OpEd: Politics 21-09-15
      • OpEd: "Pig-gate" 22-09-15
      • OpEd: Politics 23-09-15
      • OpEd: VW 24-09-15
      • OpEd: Volkswagen 28-09-15
      • OpEd: Politics 25-09-15
      • OpEd: Politics 29-09-15
      • Oped: Labour conference 30-09-15
    • OpEd August >
      • OpEd: Calais 03-08-15
      • OpEd: Labour 04-08-15
      • OpEd: Labour 05-08-15
      • OpEd: Kids Company 06-08-15
      • OpEd: Kids Company 07-08-15
      • OpEd: Labour 10-08-15
      • OpEd: Politics 11-08-15
      • OpEd: Politics 12-08-15
      • OpEd: Politics 13-08-15
      • OpEd: Labour 14-08-15
      • OpEd: Labour 17-08-15
      • OpEd: Labour 18-08-15
      • OpEd: Labour 19-08-15
      • OpEd: Student debt 20-08-15
      • OpEd: Politics 21-08-15
      • OpEd: Politics 24-08-15
      • OpEd: Politics 25-08-15
      • OpEd: Politics 26-08-15
      • OpEd: Jeremy Corbyn 27-08-15
      • OpEd: TV shootings 28-08-15
    • OpEd July >
      • OpEd: Grexit 01-07-15
      • OpEd: Heathrow 02-07-15
      • OpEd: Greece 03-07-15
      • OpEd: Taxation 06-07-15
      • OpEd: Greece 07-07-15
      • OpEd: Budget 08-07-15
      • OpEd: Budget 09-07-15
      • OpEd: Budget 10-07-15
      • OpEd: Greece 13-07-15
      • OpEd: Greece 14-07-15
      • OpEd: Iran 15-07-15
      • OpEd: UK politics 16-07-15
      • OpEd: UK politics 17-07-15
      • OpEd: Boris Johnson and Greece 20-07-15
      • OpEd: counter-terrorism 21-07-15
      • OpEd: Labour 22-07-15
      • OpEd: Labour 23-07-15
      • OpEd: Labour 24-07-15
      • OpEd: Labour 27-07-15
      • OpEd: Lord Sewel 28-07-15
      • OpEd: Labour 29-07-15
      • OpEd: Calais 30-07-15
      • OpEd: Calais 31-07-15
    • OpEd June >
      • OpEd: Fifa 01-06-15
      • OpEd: British politics 02-06-15
      • OpEd: Charles Kennedy 03-06-15
      • OpEd: Politics 04-06-15
      • OpEd: Fifa 05-06-15
      • OpEd: Politics 08-06-15
      • OpEd: Europe 09-06-15
      • OpEd: politics 10-06-15
      • OpEd: Politics 11-06-15
      • OpEd: Politics 12-06-15
      • OpEd: Politics 15-06-15
      • OpEd: Social mobility 16-06-15
      • OpEd: UK politics 17-06-15
      • OpEd: UK politics 18-06-15
      • OpEd: Greece 19-06-15
      • OpEd: Greece 22-06-15
      • OpEd: Greece 23-06-15
      • OpEd: UK politics 24-06-15
      • OpEd: UK politics 25-06-15
      • OpEd: Brexit 26-06-15
      • OpEd: Tunisia 29-06-15
      • OpEd: Grexit 30-06-15
    • OpEd May >
      • OpEd: Election 01-05-15
      • OpEd: Election 05-05-15
      • OpEd: Election 06-05-15
      • OpEd: Election 07-05-15
      • OpEd: Election 08-05-15
      • OpEd: Scotland 11-05-15
      • OpEd: UK politics 12-05-15
      • OpEd: The Labour party 13-05-15
      • OpEd: The Labour party 14-05-15
      • OpEd: Ukip and Labour 15-05-15
      • OpEd: UK politics 18-05-15
      • OpEd: The NHS 19-05-15
      • OpEd: The Labour party 20-05-15
      • OpEd: UK politics 21-05-15
      • Oped: UK politics 22-05-15
      • OpEd: UK politics 26-05-15
      • OpEd: Europe 27-05-15
      • OpEd: The Queen's Speech 28-05-15
      • OpEd: Fifa 29-05-15
    • OpEd April >
      • OpEd: Election 01-04-15
      • OpEd: Election 02-04-15
      • OpEd: Election 07-04-15
      • OpEd: Election 08-04-15
      • OpEd: Election 09-04-15
      • OpEd: Election 10-04-15
      • OpEd: Election 13-04-15
      • OpEd: Election 14-04-15
      • OpEd: Election 15-04-15
      • OpEd: Election 16-04-15
      • OpEd: Election 17-04-15
      • OpEd: SNP 20-04-15
      • OpEd: Refugees 21-04-15
      • OpEd: Election 22-04-15
      • OpEd: Election 23-04-15
      • OpEd: Election 24-04-15
      • OpEd: Election 27-04-15
      • OpEd: Election 28-04-15
      • OpEd: Election 29-04-15
      • OpEd: Election 30-04-15
    • OpEd March >
      • OpEd: Election 31-03-15
      • OpEd: Depression 30-03-15
      • OpEd: Prince Charles 27-03-15
      • OpEd: UK politics 26-03-15
      • OpEd: David Cameron 25-03-15
      • OpEd: Singapore 24-03-15
      • OpEd: UK politics 23-03-15
      • OpEd: UK politics 20-03-15
      • OpEd: the Budget 19-03-15
      • OpEd: UK politics 18-03-15
      • OpEd: race in Britain 17-03-15
      • OpEd: UK politics 16-03-15
      • OpEd: UK politics 13-03-15
      • OpEd Jeremy Clarkson 12-03-15
      • OpEd: UK politics 11-03-15
      • OpEd: UK politics 10-03-15
      • OpEd: UK politics 09-03-15
      • OpEd: Scotland 06-03-15
      • OpEd: Isis 05-03-15
      • OpEd: UK politics 04-03-15
      • OpEd: Radicalisation 03-03-15
      • OpEd: Russia 02-03-15
    • OpEd February >
      • OpEd: UK politics 27-02-15
      • OpEd: minority party leaders 26-02-15
      • OpEd: the Greens 25-02-15
      • OpEd: Rifkind and Straw 24-02-15
      • OpEd: world affairs 23-02-15
      • OpEd: UK politics 20-02-15
      • OpEd: Chelsea and racism 19-02-15
      • OpEd: UK politics 18-02-15
      • OpEd: UK politics 17-02-15
      • OpEd: Copenhagen 16-02-15
      • OpEd: UK politics 13-02-15
      • OpEd: UK politics 12-02-15
      • OpEd: politics 11-02-15
      • OpEd: politics 10-02-15
      • OpEd: UK politics 09-02-15
      • OpEd: UK politics 06-02-15
      • OpEd: Isis atrocity 05-02-15
      • OpEd: UK politics 04-02-15
      • OpEd: UK politics 03-02-15
      • OpEd: UK politics 02-02-15
    • OpEd January >
      • OpEd: rape law 30-01-15
      • OpEd: UK politics, 29-01-15
      • OpEd: Greece 27-01-15
      • OpEd: UK politics 28-01-15
      • OpEd: UK politics 26-01-15
      • OpEd: UK politics 23-01-15
      • OpEd: Chilcot inquiry 22-01-15
      • OpEd: Page Three 21-01-15
      • OpEd: anti-semitism 20-01-15
      • OpEd: religion and freedom 19-01-15
      • OpEd: world politics 16-01-15
      • OpEd: election debates 15-01-15
      • OpEd: Charlie Hebdo 14-01-15
      • OpEd: Charlie Hebdo 13-01-15
      • OpEd: Charlie Hebdo 12-01-15
      • OpEd: Charlie Hebdo 08-01-15
      • OpEd: Charlie Hebdo 09-01-15
      • OpEd: UK politics 07-01-15
      • OpEd: UK politics 05-01-15
      • OpEd: UK politics 06-01-15
  • You have to laugh
  • Backnumbers
    • Front pages December >
      • Front pages Dec 27-31
      • Front pages Dec 20-26
      • Front pages Dec 6-12
    • Front pages November >
      • Front pages Nov 29-Dec 5
      • Front pages Nov 22-28
      • front pages Nov 15-21
      • Front pages Nov 8-14
      • front pages Nov 1-7
    • Front pages October >
      • Front pages, Oct 25-31
      • Front pages Oct 18-25
      • front pages Oct 11-17
      • Front pages Oct 4-10
    • Front pages September >
      • Front pages Sept 27-Oct 3
      • Front pages Sept 20-26
      • Front pages Sept 13-19
      • Front pages Sept 6-12
      • Front pages Aug 30-Sept 5
    • Front pages August >
      • Front pages August 23-29
      • Front pages Aug 16-22
      • Front pages August 9-15
      • Front pages Aug 2-8
    • Front pages July >
      • Front pages July 26-Aug 1
      • Front pages July 19-25
      • Front pages July 12-18
      • Front pages July 5-11
      • Front pages June 28-July 4
    • Front pages June >
      • Front pages June 21-27
      • Front pages June 14-20
      • Front pages June 7-13
      • Front pages May 31-June 6
    • Front pages May >
      • Front pages May 24-30
      • Front pages May 17-23
      • Front pages May 10-16
    • Front pages April >
      • Front pages May 3-9
      • Front pages April 26-May 2
      • Front pages April 19-26
      • Front pages April 12-18
      • Front pages April 5-11
      • Front pages Mar 29-Apr 4
    • Front pages March >
      • Front pages Mar 22-28
      • Front pages Mar 15-21
      • Front pages Mar 8-14
      • Front pages Mar 1 - 7
    • Front pages February >
      • Front pages Feb 22-28
      • Front pages Feb 16-21
      • Front pages Feb 9-15
      • Front pages Feb 1-8
    • Front pages January >
      • Front pages Jan 25-31
      • Front pages Jan 18-24, 2015
      • Front pages Jan 11-17
      • front pages Jan 4-9, 2015
      • Front pages Dec 29-Jan 3
  • About SubScribe
  • Join the SubScribers
  • Contact us
  • Subscribe to SubScribe

Phone hacking and a nagging sense of injustice

12/12/2015

0 Comments

 
Alison Saunders
DPP Alison Saunders said there was insufficient prospect of conviction to continue the hacking inquiry
And so it ends. After four and a half years, countless police hours and the expenditure of more than £40m, the curtain has been pulled down on the phone hacking saga.
This morning's leader columns were sanctimonious. To paraphrase: of course listening to people's private conversations was reprehensible, but the response was a waste of public money and an excuse for the Establishment to stamp on the free Press. Oh, and by the way, they're at it again with attempts to curb freedom of information. 
Hacked Off was disappointed - leading light Evan Harris described Alison Saunders's announcement as outrageous. Victims' lawyers are ducking under the curtain to try to regain the stage by seeking a review of her decision-making process. 
So far, so predictable.

And what of those of us who love our trade? We who have been watching in bewilderment and dismay as the drama has played out? Should we feel relief that it's all over, glad that no more journalists will be put on trial at the Old Bailey?
Probably. So why don't I? Why do I feel uncomfortable? 
Because justice has been the loser in this whole sorry story.
​
As people have been parroting from the moment Nick Davies lit the blue touch paper in July 2011, phone hacking is wrong. It is, and was, criminal. But the fact is, the public didn't (and still don't) care. They didn't care when Prince William's voicemail was intercepted and Glenn Mulcaire and Clive Goodman went to jail as a result. They didn't care when celebrities complained that their phone messages were being listened to. They only started to care when the Milly Dowler story broke - heartless bastard hacks targeting a murdered girl.
Milly Dowler
​Except, except. Of all the instances of phone hacking, wasn't that the most understandable, the least reprehensible? For wasn't the purpose to try to find her? It wasn't to get the dirt on whose nanny some celeb was sleeping with that week; it was to try to find a missing, not - as far as anyone knew - murdered, child.
OK, the desire was to get a scoop and the delays in sharing information (albeit inaccurate information) with the police were unforgivable. But if those journalists had found that girl alive, they would have been heroes. 
So yes, hacking was wrong. But the one case that aroused so much outrage and set this charabanc on the road actually caused far less damage than the Mirror's sustained invasion of the lives of Sadie Frost and Paul Gascoigne. But the public didn't give two figs about them - and now it seems the DPP doesn't either.

Stephen Glover wrote a Saturday essay for the Mail a while back in which he described Davies as the man who did for the British Press. It was a mean-spirited piece that suggested Davies's intention was to destroy tabloid journalism. Davies and the Guardian have never been great fans of Rupert Murdoch and they would probably shed few tears if they put him out of business, but I doubt they thought they had the clout to do so - let alone enough to bring down the whole popular Press. 
The Milly Dowler story would have touched a nerve and then subsided from the public consciousness, as previous hacking stories and assorted Commons select committee inquiries had done before, but for one thing: David Cameron's appointment of Andy Coulson as his director of communications.
Everything that has happened over the past four years stems from that mixture. The Dowler story was simply the catalyst that sparked the reaction.
Cameron panicked and set up Leveson; the Met panicked and set up all those investigations with the quirky names; Murdoch panicked and gave the police millions of documents, betraying sources and staff along the way - with the notable exception of one redhead at the top of the tree.

Once they had started uncovering evidence of wrongdoing,  where were the police supposed to stop?  Especially as they had all those News International emails.
​The phone hacking investigations that had been at the root of all this became small beer against the monster that was Elveden.  But as successive juries declined to convict journalists for paying sources - while other courts convicted and jailed those same sources for selling information - it finally dawned on the DPP that the whole enterprise was money down the drain.
Saunders retreated on Elveden in October. Andy Coulson was cleared of perjury in Scotland and the final News of the World hacking trial ended with one guilty plea and an acquittal (the Brooks-Coulson show trial having produced three acquittals, one conviction and five guilty pleas).

With police budgets stretched, no wonder Saunders lost her appetite for the fight.
Dan Evans
And yet, and yet. 
Much of the prosecution case in the Brooks-Coulson trial depended on evidence from Dan Evans (pictured), a News of the World journalist who admitted hacking and was given a suspended prison sentence. He joined the paper from the Sunday Mirror and told the court that he believed that he had been recruited for his hacking talents.
Evans was also the central figure in the civil case brought against the Mirror by Sadie Frost, Gascoigne, Alan Yentob and others. In a  judgment awarding record privacy damages totalling £1.2m , Mr Justice Mann called him the bedrock of the case and a clear witness whose evidence he accepted. Indeed, his evidence was mostly accepted without demur by Trinity Mirror before he went into the witness box.
Evans told the court that he had worked at the Sunday Mirror as a freelance for a couple of years before joining the staff in 2003. Soon after that he was called into a meeting with an executive who told him that a departing journalist had taken with him a valuable source of information - a database of telephone numbers that could be hacked.
Evans was shown how to access a voicemail message, with Yentob's number used as an example.  He was also shown how to listen to calls and taught the "double tap" method under which two calls were made to a target number in quick succession - the first to make sure the victim wasn't picking up. 
The executive at that meeting  and others who were aware and even instrumental in the hacking culture  were named in court, but redacted from Mr Justice Mann's judgment, which noted:
Picture
xxxx made it clear that Mr Evans' job for the forseeable future was to rebuild the departing journalist's database. For this purpose Mr Evans was given hundreds of mobile phone numbers and other details, such as dates of birth....
Picture
He was expected to check the phones most mornings (from his home) and then in the evenings as well. If he heard a call of interest he could get the incoming number from the voicemail system and he could then try to hack that phone as well....if the hack was successful he might, and often could, get information from messages left on that second number by his intended target. He called this process of acquiring groups of targets "farming"....
It is plain that his activities grew over time as he managed to crack more and more PINs. He himself managed to crack at least 100 PINs. At least one other journalist had a bigger database than he did.
​If he got useful or interesting information from listening to a message he would pass it up the chain of command, which meant to xxx and xxx and xxxxx and xxxx for consideration. Sometimes his exploitation of his phone hacking database took several hours a day.
Picture
Mr Evans collated his information on a Palm Pilot...synchronised to a desktop application. His Pilot was used to store names and numbers and some addresses but not PINS. Not every number on the Pilot was a successfully hacked number, but some were. 
Picture
In addition to that record, Mr Evans kept a “back pocket” list...of regular targets whose PIN numbers he had cracked and whose voicemail messages he could listen to easily.  At the height of his activities he said that he probably had 100 targets on his list, and he checked them daily.  Of the present claimants, all except Mr Gascoigne were on this list.  The effect of his evidence was that those targets would be checked twice a day (morning and evening), every day, as a minimum.  Doubtless if something interesting was thought to be happening they would be checked more frequently. The list was updated from time to time and he prepared copies for xxx and xxx.
It is clear from Mr Justice Mann's judgment that sophisticated systems for the hacking of phones were in place at Mirror papers and that Evans was acting on the bidding of more senior journalists. One who is named in the judgment was James Weatherup who, like Evans, moved on to the News of the World and was also given a suspended prison sentence after pleading guilty at the Brooks-Coulson trial.
Alison Saunders has concluded that it would be impossible to decide who made what phone call from the Mirror's offices, and also - apparently - that evidence from Evans and other former Mirror journalists would not be sufficient to secure the conviction of executives who say they knew nothing.

And so we have a repeat of the Elveden situation where foot soldiers were left to carry the can while the generals who called the shots went free.
Under Elveden, the only conviction for paying officials that still stands is that of Anthony France, who was described by his trial judge as the most junior Sun reporter and a basically decent man.
In the parallel investigations, one Mirror journalist - Graham Johnson - took himself off to the police, and was charged with hacking and given a two-month suspended prison sentence for his pains. Apart from Evans and Weatherup - who were charged in relation to their activities at the News of the World - he is the only Mirror journalist to have been punished by the courts. 

Ten Mirror group journalists, including half a dozen former editors, deputy editors and a current high-ranking executive, were "cleared" by the DPP yesterday.
Several of them swore under oath at Leveson that hacking never happened at their papers. Some may have done nothing wrong. Others may have orchestrated wholescale criminal activity. We may never know. And that isn't right. The innocent will forever be tainted, while the guilty go unpunished.

Their ultimate bosses at Trinity Mirror  also insisted at the Leveson inquiry and beyond that they were unaware of hacking at their papers. Finally, as Gascoigne and co prepared to go to court, they issued a grudging admission of culpability and a mealy-mouthed apology. They set aside £4m, then £12m, then £28m for compensation to victims they had for four years pretended hadn't existed.  The company, which has since taken over Local World to control almost two-thirds of our local newspapers, is now awaiting the result of its appeal against Mr Justice Mann's awards.
​
Meanwhile the CPS has also halted the process that might have led News UK to face corporate charges over phone hacking at the News of the World. Rebekah Brooks, having been cleared of everything for which she was put on trial, is back in her old job of chief executive, and the Murdoch empire - revamped in the wake of the scandal - is worth twice as much as it was in 2011. 
The end of the criminal investigations should clear the path for for the second half of the Leveson inquiry - looking into relations between the police and the Press - to go ahead. But with Cameron safely in No 10 for another five years with a proper majority, I wouldn't bet on that happening.
​
​So yes, I'm glad that no more public money is to be spent on this. But the abandonment of the Golding investigation gives ammunition to those who have argued all along that this was an anti-Murdoch witch-hunt. I can see no evidence anywhere - right down to the fact that Coulson served his entire sentence in the ultra-high security Belmarsh prison -  that justice has been done.
And I have an uneasy feeling that this unsatisfactory approach and outcome is being replicated in other areas of society and public life.
Perhaps the free Press could investigate.
Madelein McCann
Postscript: The cost of the Metropolitan Police investigations into alleged criminal activity by journalists has been put at about £40m. 
The force has spent £10.2m and is budgeted to spend a further £2m next year on the investigation into the disappearance of Madeleine McCann in Portugal in 2007 - an event outside the force's jurisdiction. 
The Met has an annual budget of about £3.5bn and has been making big cuts over the past four years. It had expected to have to save a further £1bn by 2020, but the Chancellor made a surprise announcement in his Autumn Statement that policing budgets would be protected in line with inflation.

Phone hacking: Some evidence from the Mirror and other cases
SubScribe commentary:
Are we too embarrassed to look in the Mirror?
​The hacking trial: 19 pages on the Brooks-Coulson case

0 Comments

Coulson perjury case was doomed from the start

5/6/2015

3 Comments

 
There isn't a lot of love for Andy Coulson in Fleet Street, which may account for the muted response when he was cleared of perjury charges in Scotland this week.
The Sun, which thrilled to the acquittal of its journalists charged with paying public sector workers for stories under headlines mocking the "Clown Prosecution Service" and "Crown Persecution Service", gave the Coulson verdict four pars in a corner of page 8.
The Mail, equally strident in its criticisms of the prosecution of journalists in England, speculated on whether Coulson might tell all in a book not that the last of his court cases is behind him.
Yet this was the one case that justified the question "Why did this ever go to trial?"
An estimated £2m of taxpayers' money was spent on bringing a case where a central element required to secure a conviction was missing from the word go. 
Everybody got so excited by the idea that Coulson must have been lying when he told a court that he knew nothing about phone hacking that they lost sight of the fact that, to count as perjury, a lie has to have some bearing on the verdict.
So all that apparently damning evidence from Neville Thurlbeck, James Weatherup and Clive Goodman meant nothing.
It's one thing for barrack-room lawyers (and even journalists) to stroke their beards and pronounce on the basis of surmise and assumption, but the prosecutors in Scotland are supposed to be the real thing. They are paid to know the law. 
Yet it was almost as though they couldn't bear to be left out of the feeding frenzy that followed the hacking scandal. This really was a shameful waste of public money and manpower.
Scottish Daily Record
The saga began in October 2004, when the News of the World ran a story by columnist Anvar Khan in which she said she had had a "kinky fling" with an unnamed Scottish politician and that they had been to a Manchester swingers' club called Cupids. The MSP was Tommy Sheridan and the report led to his being asked to step down as Scottish Socialist Party leader.
Sheridan sued for libel over the original article and a series of follow-ups. The News of the World mounted a defence of justification and produced a string of witnesses to support its claims. Their evidence provided a string of splashes for the Scottish tabloids (above), but Sheridan denounced them all.  Having sacked his legal team, he delivered an impassioned closing speech: 
Picture
From four in a bed to five in a bed. From five in a bed to sex clubs. From sex clubs to champagne. From champagne to cocaine. From cocaine to orgies in a hotel slap bang in the middle of Glasgow.
The allegations have been as numerous as grains of sand in the Sahara Desert but evidence, but real tangible, substantial evidence, has been conspicuous by its absence.
I am a socialist politician who believes he has a reputation for honesty, integrity and hard work...I am not about to allow that reputation to be destroyed by a newspaper and the multibillion-pound empire it is attached to.
I stand accused of being a hypocrite, an adulterer, a liar and an abuser of power. In reality, this marathon case has proved nothing of the sort.
The jury believed him and awarded him £200,000 damages.
The News of the World didn't just go away and lick its wounds. It appealed against the verdict and also continued to work on the original story. In 2006 its Scottish Editor, Bob Bird, was approached by Sheridan's best man, George McNeilage. McNeilage had made a video in which Sheridan admitted visiting the club and also that he had confessed to members of the SSP executive at the meeting at which he was asked to step down. The newspaper paid £200,000 for the tape.
Picture
Gail and Tommy Sheridan after charges against her were dropped. Photograph: David Moir/Reuters
The Procurator Fiscal asked the police to investigate and Sheridan was charged with perjury at the end of 2007. His wife Gail (with Sheridan above) and a number of supporters were also charged but later cleared. Sheridan's case went to trial in 2010.
Conducting his own defence, he maintained that he had not lied in the libel case and claimed that he had been the victim of a conspiracy involving members of the SSP, the News of the World and the police. The court heard that Sheridan's name had appeared on the hacking private investigator Glenn Mulcaire's notes - although there was no evidence that his voicemails had been intercepted.
Bird and the paper's Scottish news editor Douglas Wright were called as witnesses and challenged by Sheridan about rampant phone-hacking at Wapping. [This case was being heard before the scandal blew open with the Milly Dowler story in July 2011, but after former News of the World reporter Sean Hoare had spoken at length about the practice to the New York Times and two years after Mulcaire and Clive Goodman had served prison sentences for intercepting Prince William's voicemail.] 
Both journalists denied believing that their newspaper was above the law or that it had paid people for illegal activities. 
Andy Coulson, called as a defence witness, also denied having been aware of phone-hacking at the paper before the Mulcaire-Goodman convictions.
Bob Bird and George McNeilage
Bird "stripped to his boxer shorts" to prove he wasn't wired when collecting the tape from McNeilage, right
In their closing speeches, both the prosecution counsel Alex Prentice QC and Sheridan dismissed the phone-hacking evidence as irrelevant to the central charge that Sheridan had lied about his sexual antics.
There was no evidence, Prentice said, that Sheridan's voicemail had been accessed illegally or that the McNeilage tape had been produced using illegal means. 
In his summing up, Sheridan said that he had called Coulson to the witness box not because he would help his case, but out of a sense of responsibility for standards in public life; so that he could hold him to account.
Since both sides in the 2010 case declared the Coulson evidence irrelevant, regardless of whether it was true or false, it is hard see how there was any prospect of success for a subsequent  prosecution that would have to prove both that Coulson lied and that his lying might have had an impact on the Sheridan verdict.

With the acquittal of Coulson and the dropping of charges against Bird and Wright, Operation Rubicon - the Scottish wing of the hacking fall-out investigations - has now been closed.
SubScribe agrees with Coulson that the case was a waste of public money and disagrees strongly with Sheridan's demands for a public inquiry (more expense?) 
As to which of the two is less convincing is a tougher call, but you can only look in wonder at the former spin-doctor and convicted criminal with the chutzpah to stand outside the court on Wednesday and say outright: "I did not lie."
Times spread
For someone who loves newspapers, writing this website is often dispiriting. This, however, is an occasion where journalists tried hard to do their job. The reaction to the Coulson verdict was bound to be split between those who saw it as another example of a Murdoch employee getting away with it and those who saw the case as proof of a witch-hunt against journalists. In fact, journalists made a good fist of explaining why the outcome was as it was - led by James Doleman and Severin Carrell and Lisa O'Carroll of the Guardian, who had posts up online very quickly. (They had time to prepare - the judge had ruled there was no case to answer on Monday and given the prosecution time to challenge that verdict before announcing it on Wednesday. But no matter, the key thing is they got the message out quickly when it was needed.)
In print, the Times's Scottish team did an excellent job with a spread (above) that ran all editions. Reporter Mike Wade was on the button when he homed in on Judge Burns's ruling "not every lie amounts to perjury" - though one feels that the sub may turn out to have been premature with the headline saying that those six words put an end to the Sheridan affair.
The Times and Telegraph both took the opportunity to run leaders about Establishment threats to a free Press. Yes, it's self-pleading. But it does matter.

Tommy Sheridan
Sheridan on Wednesday after the verdict, which he described as a shambles
Postscript:  During the Sheridan perjury trial, Anvar Khan admitted that she had lied and embellished her News of the World stories to promote a book about her sex life.
Sheridan was found guilty of perjury, sentenced to three years and served a year in prison. He was refused permission to appeal, but last year succeeded in getting his case reviewed by the Scottish Criminal Cases Review Commission. The commission said last month that it was not prepared to refer the case back to the High Court on the evidence provided, but Sheridan still has time to submit more material before a final decision was made.
James Doleman blogged the trial and you can read his reports here.
He also live-tweeted the Coulson perjury trial, thanks to crowd-funding, and you can follow him on Twitter here.
3 Comments

Trials and tribulations

23/1/2015

2 Comments

 
Fair, even-handed, balanced: this is what we look for in journalism and in justice. 
The Sun today compares the decision to seek a retrial of four of its journalists accused of improperly paying public officials for stories to the failure to act against most jihadis who have returned to the UK from Syria.
It's a rum comparison, but the Sun's sense of grievance is understandable. We don't seem to have seen a great deal of balance in matters relating to the Press since the hacking scandal erupted in 2011.

The Leveson inquiry and police investigations focused heavily on the Murdoch papers, but the Independent splashes today on the suggestion that phone-hacking at the Mirror group may have been worse than at News International.
It is generally accepted that hacking all but stopped with the imprisonment in 2007 of Clive Goodman and the private investigator Glenn Mulcaire, but the High Court was told last week that it may have continued for a further four years at the MGN.
Last year the Metropolitan Police were found to have used the anti-terrorist legislation RIPA to uncover journalists' sources. Promises of a tightening of the code governing the use of the act turned out to mean a requirement to "note" when people whose data were being checked worked in areas of confidentiality, such as journalism, the law, medicine. The consultation period for this change ended this week.
Also this week, the Guardian reported that its Edward Snowden material shows that the security services regard journalists as "dangerous" and in the same league as terrorists and computer hackers. 

It seems, therefore, an opportune moment to offer - without comment - the following snapshot:

Public expenditure
  • The Leveson inquiry into Press standards cost £5.4m
  • The police operations arising from the hacking scandal have cost £40m
  • That includes more than £11m on Operation Elveden, which is investigating payments to public officials
  • Prosecutions of journalists since 2011 have cost the CPS more than £4m
  • Setting up a new regulator under the royal charter has cost £900,000

Journalist trials completed since 2011
  • Four journalists have been jailed after being convicted of or admitting phone hacking 
  • Three journalists have been given suspended sentences after admitting phone hacking
  • Two journalists have been found not guilty of phone hacking
  • One journalist was given a suspended sentence after being convicted of handling a stolen mobile phone 
  • One journalist was found not guilty of handling a mobile phone
  • One journalist was given a suspended sentence after being convicted of conspiracy to commit misconduct in public office (paying a prison officer)
  • Six journalists have been cleared of illegally paying officials 
  • Seven journalists face retrials on payments charges 

Journalists accused of paying officials
  • Chris Pharo, Ben O'Driscoll, Graham Dudman and Jamie Pyatt of the Sun are to face a retrial after a jury failed to reach a majority verdict on charges that they illegally paid public officials for stories. Their colleagues John Edwards and John Troup were cleared of the charges against them. All six were cleared of taking part in a "grand conspiracy" and Pharo, O'Driscoll and Dudman were also found not guilty on other counts. 
  • Four more Sun journalists are on trial at the Old Bailey on similar charges. Geoffrey Webster, deputy editor, Fergus Shanahan, executive editor, Duncan Larcombe, royal reporter, and former chief reporter John Kay all plead not guilty.
  • One News of the World reporter has been found guilty of conspiracy to commit misconduct in public office by paying officials; Clodagh Hartley of the Sun was cleared of that charge.
  • John Troup, John Edwards and Nick Parker of the Sun and Tom Savage of the Star have been cleared of aiding and abetting such misconduct. Vince Soodin of the Sun  faces a retrial after a jury failed to agree in his case last year.
  • Rebekah Brooks was cleared of conspiracy to commit misconduct in public office at the phone hacking trial last year. The jury failed to reach a verdict on similar charges against Andy Coulson and Clive Goodman and they will be retried before Judge Saunders at the Old Bailey in June. Dan Evans, who admitted all charges against him and gave evidence for the prosecution in the hacking trial, is the only journalist to have pleaded guilty to a charge relating to paying officials.
  • Six News International journalists (Neil Millard, Tom Wells, Neil Wallis, Anthony France, Brandon Malinsky and Ryan Sabey) and two from the Mirror group (Greg Box-Turnbull and Graham Brough) have been charged in relation to payments to officials and are awaiting trial.

Phone hacking
  • Mirror Group Newspapers apologised in the High Court this week after settling with ten claimants who complained that their voicemail had been hacked and personal information accessed by the Mirror, Sunday Mirror and Sunday People. The court was told that eight other claims would go to trial next month. The claimants' barrister said that these were "representative" cases.
  • The Independent reported today that the court had been told that up to 41 journalists had used office phones to hack mobiles in what was a "widespread and habitual" practice between 2001 and 2008. The paper reports David Sherborne QC as saying that  Alan Yentob's phone had been hacked 300 times, with different journalists accessing his voicemail several times a day for five months - although no article was ever published.
  • Mr Sherborne said 108 articles published in the three papers had been linked to hacking, and that these could be the "tip of the iceberg".
  • One former Sunday Mirror journalist has admitted phone hacking and been given a suspended sentence.
  • Four Sunday paper executives from the Mirror group (Tina Weaver, James Scott, Mark Thomas and Nick Buckley) were arrested in March 2013 and are still on police bail. 
  • Piers Morgan, who was Daily Mirror editor from 1996 to 2004, was interviewed under caution in December 2013. He has not been arrested. Richard Wallace, who succeeded him and was Mirror editor until 2012, was interviewed under caution in March 2013.
  • Jules Stenson, former News of the World features editor, has admitted phone hacking. Neil Wallis, the paper's former deputy editor, has denied a similar charge and will go on trial in June.
  • Five News of the World journalists (Andy Coulson, Greg Miskiw, Neville Thurlbeck, Ian Edmondson and Clive Goodman - in 2007)  have served prison sentences after admitting or being convicted of phone hacking; two others (James Weatherup and Dan Evans) have been given suspended sentences.
  • Two News of the World journalists (Rebekah Brooks and Stuart Kuttner) have been cleared of phone hacking

Other offences
  • One Sun journalist (Ben Ashford) was found not guilty of handling a stolen mobile phone
  • One Times journalist (Patrick Foster) accepted a caution in relation to computer hacking
  • One News of the World journalist (Alex Marunchak) is on police bail in relation to alleged computer hacking
  • Three News of the World journalists (Andy Coulson, Bob Bird and Douglas Wright) are awaiting trial for perjury in relation to the Tommy Sheridan libel case.

Press regulation
  • The Press recognition panel which is to monitor compliance with the royal charter on press regulation has been given £900,000 this financial year and is seeking an executive director, who will be paid up to £120,000. Sir David Wolfe, chairman of the panel, gave the figures to a Lords committee last week. No newspaper or magazine has signed up to be regulated by this body.
  • Sir Alan Moses, chairman of Ipso, told the same committee that his organisation would be "Leveson compliant" by this summer, but that it would not seek royal charter recognition because publishers being regulated by Ipso did not want anything to do with it. His organisation would work alongside the other regulator, Impress, because their aims were "identical".

News Corp
  • Rebekah Brooks received a £16m payoff when she resigned as chief executive of News International at the height of the hacking scandal in 2011.
  • News Corp's legal costs as a result of the scandal have been estimated at about £350m
  • News Corp shares were trading at $16 when the scandal broke. In 2013 the company was split in two - 21st Century Fox and News Corp - and existing shareholders given four Fox shares and one new News Corp share for every four old News Corp shares .
  • Fox shares are trading today at $34 and News Corp at $15. This means that someone with 100 old News Corp shares worth $1,600 in 2011 would now have a holding worth $3,825.
  • The old News Corp's value dropped by $7bn to $41bn in the week the scandal broke. Fox is now worth $71bn and News Corp $8bn.
2 Comments
    Liz Gerard

    Liz Gerard

    New year, new face: it's time to come out from behind that Beryl Cook mask. 
    I'm Liz Gerard, and after four decades dedicated to hard news, I now live by the motto "Those who can do, those who can't write blogs". 
    These are my musings on our national newspapers. Some of them may have value.

    Archives

    December 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    October 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014
    February 2014
    May 2013

    Virtual cat

    Categories

    All
    Adam Ward
    Adoption
    Advertising
    Ageism
    Alan Rusbridger
    Alison Parker
    Amol Rajan
    Andreas Lubitz
    Andy Coulson
    Andy Murray
    Angelina Jolie
    Anglo American
    Anthony France
    Armistice Day
    Art
    Assad
    Australian Maddie
    Baftas
    Baher Mohamed
    Bank Holiday
    Battle Of Britain
    Beatles
    Benedict Cumberbatch
    Big Brother
    Bill Gates
    Birmingham
    BMDs
    Bob Bird
    Booker Prize
    Brazil V Germany
    Brooks Newmark
    Business News
    Cambridge News
    Carla Powell
    Charlie Hebdo
    Chloe Campbell
    Chris Martin
    Christian Horner
    Christmas Appeal
    Christopher Columbus
    Climate Change
    Counting Dead Women
    CPJ
    Daily Express
    Daily Mail
    Daily Mirror
    Daily Star
    Daily Telegraph
    David Mitchell
    David Montgomery
    David Moyes
    Depression
    Digital
    Domestic Violence
    Dominic Ponsford
    Duchess Of Cambridge
    Duke Of York
    Eddie Adams
    Eddie Redmayne
    Ed Miliband
    Edward Snowden
    Elveden
    Evan Harris
    Family Court
    First World War
    Floods
    Flower Memorial
    Foreign Reporting
    Fossil Fuels
    Front Pages
    Gates Foundation
    GCHQ
    Gemma Aldridge
    General Election
    George Clooney
    George Osborne
    Geri Halliwell
    Germanwings
    Gillian Wearing
    Google
    Grammar
    Grammar Schools
    Grandparents
    Graphic Images
    Guardian
    Guy Adams
    Hacked Off
    Handling Stolen Goods
    Harriet Green
    Headlines
    Headline Writing
    Helen McCrory
    HSBC
    Immigration
    Independent
    Independent On Sunday
    INSI
    Internet
    Iraq
    Isis
    James Foley
    James Harding
    James Murdoch
    Jason Seiken
    Jeffrey Epstein
    Jennifer Lawrence
    Jeremy Corbyn
    Jeremy Farrar
    Jessica Ennis-Hill
    John Cantlie
    John Oliver
    Jonathan Krohn
    Jon Swaine
    Jon Venables
    Josie Cunningham
    Journalists In Danger
    Journalists On Trial
    Justice
    Karen Ingala Smith
    Keep It In The Ground
    Kenji Goto
    Killing The Messenger
    Labour
    Leveson
    Liverpool Echo
    Local Papers
    Local World
    Lufthansa
    Luis Suarez
    Madeleine Mccann
    Mail On Sunday
    Manchester United
    Maria Miller
    Mental Health
    Mercury Prize
    Michael Foot
    Middle Class
    Mike Darcey
    Miliband
    Milly Dowler
    Miracles
    Mirror
    Misconduct In Public Office
    Missing Children
    Mohamed Fahmy
    MPs' Expenses
    National Anthem
    Native Advertising
    News International
    News Judgment
    News Of The World
    News UK
    Nick Parker
    Nigel Evans
    North
    NSA Files
    Operation Elveden
    Operation Golding
    Operation Rubicon
    Oscar Pistorius
    Paddington Bear
    Page 3
    Parliament
    Paul McCartney
    Paying Contacts
    Peaches Geldof
    Peter Greste
    Peter Oborne
    Phone Hacking
    Photography
    Picture Editing
    Police
    Police Corruption
    Poppies
    Press Freedom
    Press Gazette
    Press Regulation
    Press Uncuffed
    Prince William
    Privacy
    Protecting Sources
    Puffs
    Pulitzer Prize
    Real Birmingham Family
    Rebekah Brooks
    Redundancies
    Reeva Steenkamp
    Remembrance
    Renee Zellwegger
    Richard Attenborough
    Richard Desmond
    Richard Littlejohn
    RIPA
    Roy Greenslade
    Rupert Murdoch
    Russell Brand
    Saigon Execution
    Santa Maria
    Scottish Referendum
    Sex Abuse
    Shakespeare
    Simon Cowell
    Socialist Worker
    Southend Council
    Southend Echo
    Sport
    Statins
    Subs
    Suicide
    Sunday Mirror
    Sunday People
    Sunday Telegraph
    Surveillance Laws
    Syria
    The Arts
    The Guardian
    The I
    The Sun
    The Times
    Thomas Cook
    Tiffanie Darke
    Tommy Sheridan
    Tower Of London
    Tower Of London Poppies
    Victoria Coren
    Virginia Roberts
    Virginia Shootings
    Weather
    Wellcome Trust
    Wimbledon
    Women In The Boardroom
    Working Mothers
    World Cup

    RSS Feed

Powered by Create your own unique website with customizable templates.