10 May 12 | Leveson Inquiry
Update 14 May 2012: Lord Justice Leveson has said he will not pursue action under Section 36 of the 2005 Inquiries Act against the Independent on Sunday. He added that a detailed ruling on the matter will be published on the Inquiry website.
The editor of the Independent on Sunday gave a staunch defence of his paper’s decision to publish an article about former News of the World editor and David Cameron’s ex-communications chief Andy Coulson’s shareholdings in News Corp.
In a robust performance, John Mullin said the paper had three sources for the story by the time he saw Coulson’s witness statement last Thursday.
“We have used nothing from Coulson’s statement,” he told the Inquiry.
Mullin, summoned by an order made by Lord Justice Leveson under section 21 of the Inquiries Act, refused to reveal the sources of the 6 May story, which claimed that Coulson held shares in News Corporation while he served as David Cameron’s director of communications, at a time when the government was deciding whether or not to approve the company’s takeover of BSkyB.
Lord Justice Leveson, who has been vocal about his distaste for leaks, told Mullin: “I am very anxious to ensure the evidence we are going to deal with is dealt with in an orderly fashion”, adding that there was a risk of disrupting “the process I’m trying to advance”.
Under the Inquiry protocol, witness statements are confidential. Over the course of the Inquiry, Leveson has issued restriction orders — under section 19 of the Inquiries Act — that prohibit witness statements from being published in whole or in part outside the confidentiality circle of Leveson, his assessors, the Inquiry team, core participants and their legal representatives.
Mullin said he was aware of the Inquiry’s restriction order regarding the publication of witness statements, but said he believed the order did not apply to the story, as none of the sources relied on Coulson’s statement.
Defending his paper, Mullin said: “the fact that the Inquiry is going on shouldn’t stop us from doing good, honest journalism.”
“My job is to put into the public domain the key question which has to be answered,” he said, adding that doing so before Coulson gives evidence is “perfectly defensible journalism”.
Mullin apologised to the Inquiry for any inconvenience caused, asserting that it was not his intention and that he and his paper are “motivated only by trying to get to bottom of the issue”.
Coulson is scheduled to give evidence at 2pm today.
Follow Index on Censorship’s coverage of the Leveson Inquiry on Twitter – @IndexLeveson
09 May 12 | Leveson Inquiry
Full details of the phone hacking of murdered school-girl Milly Dowler may never be discovered, the Metropolitan Police Service revealed today.
A witness statement from detective chief inspector John MacDonald, which was read to the Leveson Inquiry today, explained to the court that though there is evidence that the voicemails were hacked, it is unlikely there will be “any further clarity” on the issues.
As a result of incomplete call data provided by the mobile phone company, the Met explained that “a definitive conclusion is not and may never be possible.”
The court heard that Sally Dowler was given a moment of “false hope” on 24 March 2002 when space was freed on her daughter’s mobile phone answering service — the family hoped that Milly was listening to and deleting her messages. MacDonald’s statement explained that Mrs Dowler may have been able access her daughter’s voicemail message box on that day after the mobile phone company automatically deleted voicemails 72 hours after they had been listened to.
MacDonald’s statement added that Mrs Dowler and the Metropolitan Police discussed suspicions that her daughter’s voicemail was being accessed by someone else. The statement explained that Mrs Dowler was reassured that her thoughts were reasonable and possible, given that she was able to leave messages one day, but not the previous day.
The schoolgirl’s voicemail was put into a “preserved state” on 25 March, to prevent any further voicemails being automatically purged. On 26 March, Surrey Police unsuccessfully attempted to record the teenager’s voicemail messages. A message left after this attempt was later “saved”, supporting the theory that someone had accessed Milly’s voicemail and listened to the message.
The statement added: “MPS cannot rule out that someone illegally accessed Milly’s phone on 26 March 2002, however, call data is incomplete,” but the incomplete information meant MPS were “unable to conclusively establish the accuracy of this theory.”
David Sherborne, counsel for the victims, condemned the failure of Surrey Police to investigate phone hacking in 2002, and criticised the MPS’ decision to close hacking investigation and concealment of News of the World, despite uncovering “Aladdin’s cave” of evidence. Sherborne added: “If only Rupert Murdoch had “ripped the place apart” in 2006. But he didn’t.”
Sherborne also read a statement from the Dowler family, in which they thanked DCI John MacDonald and his team for their efforts to get to the bottom of this issue.
The statement added: “If Surrey Police had prosecuted this activity in 2002 then perhaps countless others would have avoided having their messages hacked by News of the World. Police neglect and deference meant it took the relentless efforts of one journalist [Nick Davies – Guardian] to uncover what the police already knew. We continue to have faith that his efforts and the efforts of the inquiry and Operation Weeting will have a lasting positive impact.
Also appearing before the court this morning, DCI Brendan Gilmour from MPS and Operation Glade, described the sensitivities of investigating journalists in the wake of Operation Motorman in 2003 to the court.
Gilmour explained that the MPS discovered that Paul Marshall, a civilian employee, was providing private detectives with information, which eventually ended up in newspapers, from the police national computer.
Gilmour stressed that whilst they were “alive to the sensitivities of investigating journalists” there “wasn’t any fear involved at all” from the MPS.
Seven journalists, identified from the ledgers of private investigator Steve Whittamore, were questioned under caution about how they obtained certain information. Gilmour explained that “quite a few of them said the info was coming from the courts”, and added that all of the journalists said they would not have used Whitammore if they had known the information was being accessed illegally.
In March 2004, the CPS advised that there was insufficient evidence to charge any of the journalists. Gilmour said “I accepted the decisions on the basis that we couldn’t prove guilty knowledge.”
In a relatively short evidence session Russell Middleton, temporary assistant Chief Constable of Devon & Cornwall Police and deputy senior investigating officer on Operation Reproof also appeared at the Inquiry.
Middleton explained to the court that Operation Reproof began as an investigation into blackmail.
He said: “We were open minded as to what we would find”, and added that no evidence suggesting the involvement of a media organisation was found, but journalists were not “out of scope” in this police investigation.
At the start of the day’s hearing, Leveson addressed issues raised by Index on Censorship and other organisations, regarding transparency of the governments status as core participants. He said, that though he respects the organisations, he believed they misunderstood the purposes of redaction.
He added: “Redactions of any sort by the government will be approached in the same way as redactions sought by other core participants.”
Follow Index on Censorship’s coverage of the Leveson Inquiry on Twitter – @IndexLeveson
09 May 12 | Uncategorized
Cross-posted with Full Fact
The Cabinet agreed yesterday that Ministers will not exercise the right to request redactions of evidence submitted to the Leveson inquiry.
Yesterday Full Fact, English PEN, Index and the Media Standards Trust made an urgent application to the Leveson Inquiry for transparency regarding Government ministers’ new status as ‘core participants’ in the Inquiry.
We asked for transparency over access to confidential Inquiry material and government redaction requests, and to keep politically-appointed Special Advisers out of the process.
A few hours later a spokesman for No 10 told the Times: “We will not be making any requests to redact material.” He said the decision not to seek redactions applied to the whole of the Government, not only No 10.
The application was considered this morning by Lord Justice Leveson and he decided not to make the directions we asked for. We will be studying his reasons when the transcript is available.
However, he did emphasise his respect for Full Fact and the other applicants and his willingness to publicise attempted abuses of the redactions process by core participants. He also reemphasised his commitment to transparency.
Full Fact shares his view that transparency is vital to trust in the Inquiry’s eventual recommendations and are pleased to have played our part in enabling these significant issues to be fully considered in public.
Our focus now returns to helping to make sure the Inquiry produces the best possible recommendations for the future of press regulation and relations between politicians and the press.
William Moy is a director of Full Fact
