A schedule of hearings and the issue of potential anonymity for witnesses giving evidence were the major discussion points at yesterday’s directions hearing as part of the Leveson Inquiry into phone hacking.
The first hearing will take place on 14 November, with victims’ evidence to be heard at the high court from 21 November. It was also announced yesterday that the inquiry is likely to hear evidence from witnesses until February 2012.
Victims include the parents of murdered teenager Milly Dowler, whose voicemail messages were hacked and deleted by the News of the World after she went missing in March 2002, giving her family the impression she was in fact alive and checking her voicemail.
Robert Jay QC, counsel to the inquiry, also raised the issue of Lord Justice Leveson potentially granting anonymity to witnesses who may fear for their “jobs or professional reputation” if they give evidence.
Jay said anyone who wishes to give evidence to inquiry anonymously can do so if Leveson makes an order of section 19 of the 2005 Inquiry Act, which restricts public access and protects witnesses’ identities, in agreement with article 8 of the European Convention on Human Rights, which protects witnesses’ rights.
Jay contended, however, that submitting evidence anonymously would strip the possibility of cross-examination.
Leveson pledged he would respect a request for anonymity, clarifying that those making a request should submit their evidence to the solicitor of the inquiry, along with the reasons for their request.
Last week The Guardian reported that the panel sees anonymous evidence “as a way to uncover a true picture of life at Britain’s tabloid newspapers”, having been criticised for not including members with experience of tabloid or regional newspapers. Leveson also expressed yesterday his intention to visit a regional newspaper to “see how it works.”
Another topic addressed was the Metropolitan Police and Crown Prosecution Service’s fear that suspects in the police investigation into phone-hacking could try to sabotage prosecutions, namely because evidence will be heard before criminal trials have occurred and charges brought forward.
In a joint submission to the Inquiry, the Met and CPS outlined their concern that an individual who is later charged may claim the Inquiry breached their right to a fair trial. Responding to this, Leveson stressed that his priority would be balancing the “absolute requirement” that anyone charged is given a fair trial along with resolving issues “in a way that satisfies public.”
The inquiry, which Lord Justice Leveson has said will focus more about the culture, practices and ethics of the press rather than “who did what to whom”, is expected to take a year to complete.
Rupert Murdoch’s News International is facing over 60 other claims of alleged phone-hacking. Among those suing are Sara Payne, who campaigned with News of the World to amend the law to allow parents to obtain access to information about paedophiles following the abduction and murder of her daughter Sarah in 2000.
Tens of individuals have also applied for core participant status, which will allow them full accesses to documents produced during the inquiry and will entitle them to give evidence either in person or through a lawyer. Among them, the parents of missing toddler Madeleine McCann are due to give evidence regarding invasion of privacy by the media.
A further pre-trial public hearing has been set for Monday 31 October.
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