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The Director of Public Prosecutions has said there was a “degree of pushback” from former Metropolitan police assistant commissioner John Yates against his suggestion of investigating the infamous “for Neville” News of the World email further.
Appearing for a second time at the Leveson Inquiry, Keir Starmer QC said Yates had told him during a 20 July 2009 meeting that the email, which contained phone hacking transcripts that suggested the practice went beyond one reporter at the News of the World, was not new material, had been seen by counsel and would “go nowhere”.
“I had been told in July 2009 in confident terms by Yates that all of this had been looked at, there was nothing new,” Starmer told the Inquiry, noting that Yates had told him he “needn’t concern” himself with the issue.
“[But] I became increasingly concerned about confidence with which those answers had been given to me,” he added.
Starmer said that out of an “abundance of caution” he sought further advice from David Perry QC, the counsel who had led the 2006 prosecution of private investigator Glenn Mulcaire and former News of the World royal reporter Clive Goodman for intercepting voicemails.
By the time of the February 2009 Commons Culture, Media and Sport Committee report that said the police had been wrong not to investigate the “for Neville” email further, Starmer said he felt he had “exhausted the exercise with Perry” and was unsure what else as DPP he could do.
Goodman and Mulcaire were jailed in 2007 for listening to voicemail messages left on the phones of members of the royal household. Goodman was sentenced to four months and Mulcaire six months.
Earlier today Perry gave evidence via video link from Northern Ireland, taking the Inquiry through the details of the 2006 prosecution. He told the Inquiry he was “concerned to discover” the extent of the activity, raising the issue at an August 2006 conference with police officers and the Crown Prosecution Service following the arrest of Goodman and Mulcaire.
“I have a clear recollection of asking whether there was any evidence implicating any other individual employed by News International in the criminality and being informed by the police (I cannot recall which officer) that there was not,” Perry said in his written evidence.
The Inquiry will resume on 23 April, when evidence will be heard from media proprietors and owners.
Follow Index on Censorship’s coverage of the Leveson Inquiry on Twitter – @IndexLeveson
Lord Justice Leveson has rejected a call from the Crown Prosecution Service and Metropolitan Police in which they asked to review evidence submitted to the inquiry and decide what information can be made public or shared with participants.
The joint submission made last month by the Met and the CPS expressed concerns that an individual who is later charged may claim the Inquiry breached their right to a fair trial, as evidence will be heard before criminal trials have occurred. As a result, the submission requested suggests that any document that the Inquiry wishes to disclose to other core participants or make public should first be shown to a nominated police officer, who would then be able to veto any information that might prejudice criminal proceedings.
Neil Garnham QC, representing the Met and CPS, told the Inquiry at a public hearing on 31 October that he was concerned not only that the Inquiry may risk prejudicing the criminal investigation, but also that, in reporting the Inquiry, the media might “go beyond fair reporting” and damage proceedings.
Leveson said he did not accept these concerns, stating in today’s ruling that adhering to the Met and CPS’s requests would “substantially increase the work that has to be put into adducing evidence before me” and may potentially “damage both the public perception of the Inquiry and its timeliness.” Leveson suggested he himself will decide what information might pose a risk to the criminal investigation.
The first hearing of the Inquiry will take place on 14 November, with victims’ evidence to be heard from 21 November. The Inquiry is likely to hear evidence from witnesses until February 2012.
Follow Index on Censorship’s coverage of the Leveson Inquiry on Twitter – @IndexLeveson.