"Phone hackers don’t kill you, terrorists do," Leveson Inquiry told

Three former police officers from the Metropolitan Police Service, who were involved in the original phone hacking investigation appeared before Leveson to discuss the relationship between the police and the press today.

In a gruelling three hour testimony, John Yates, former assistant commissioner to the Met Police, was questioned rigorously by both Robert Jay, QC, and Lord Justice Leveson.

Jay explored a catalogue of diary events in which Yates met with a number of journalists, including Neil Wallis, an executive at News International, Colin Myler, former News of the World editor, and Lucy Panton, crime editor of the News of the World.

Jay repeatedly asked Yates if he believed these appointments, at venues such as the Ivy Club, were appropriate. Yates explained “In terms of what we know now, in terms of what has happened, I suppose it is [inappropriate], but it wasn’t at the time.”

He added: “I think it’s hugely important that senior officers of the police have a relationship with the press.”

Yates was asked about an email to Lucy Panton about an Al-Qaeda plot, and story. The email mentioned Yates as “crucial” and added that it was “time to call in all those bottles of champagne. Yates dismissed this as a “turn of phrase” and denied ever being plied with champagne by Panton.

The former Met officer was also asked about an occasion when he had drinks with James Hanning of the Independent. Yates described him as an “interesting interrogator” and added “he challenged some of my preconceptions on phone hacking. It was interesting to talk to him because he was giving a completely different view on what happened. He saw a “grander conspiracy”.

When asked if Hanning had shared with him his belief that knowledge of phone hacking went right to the top of News International, Yates denied this.

Yates accepted making a “fundamental misjudgement” in his definition of phone hacking victims, but also explained that at the time it was not considered a particularly serious matter.

In relation to revelations earlier in the week that Lord Prescott was not made aware of the extent of the information which had been gathered about him, Lord Justice Leveson voiced his concern that “persistent requirements” made by Yates, did not reveal the answer.

Yates replied: “It is deeply regrettable, and I can’t account for it, I’m afraid.”

Peter Clarke, former Assistant Commissioner of Specialist Operations appeared before the court first, and described the “complicated relationship between the police and the press. Clarke explained that at different levels within the police, there were different levels of relationships with the media.

He said: “I felt that that it was useful to have more informal meetings with groups of journalists from across media outlets at lunches to discuss broad issues of strategy”

When asked by Jay if there was favouritism towards a particular news agency, Clarke said; “I was totally disinterested between them. If my memory serves me, it tended to be on one occasion we would have broadsheets, another red-tops, another broadcasters. We had representation from across the media groups.

During his time as the head of the anti terrorist branch SO13 9between 2002 and 2008), Clarke said that any relationship with the press was to promote the public interest.

Clarke explained that “public interest is paramount” with regards to relations between the press and the police. He added: “any engagement with the media was to try and help protect the public, and to keep them safe.”

He said: “I was not interested in trying to make the police look good, that was not my agenda, it was to try and support the counter terrorist operation at that time.

In relation to the expansion of the inquiry which Clarke admitted he never wanted to happen, he described the pressure put on the SO13 unit, during the time of the original phone hacking investigation, telling the court that at the same time, there were 70 separate terrorism inquiries underway.

He explained that he could not have justified releasing officers to work on the phone-hacking investigation, because of the terrorist threat.

Putting it bluntly, Clarke told the court that phone hackers “don’t kill you, terrorists do.”

Clarke told the court that the 11,000 pages of Mulcaire’s notebooks which were seized were not analysed at the time because the investigation would have been an “enormous undertaking” and would have involved “dozens of officers over weeks if not years.”

He added: “The fear was what that resource commitment would lead us…it was disproportionate to other competing demands at the time.”

Clarke also discussed the obstruction from News International following the arrest of Glenn Mulcaire on the 8 August 2006. He said: “In terms of the investigation, it became immediately apparent that we weren’t going to get any co-operation from News International. Usually, companies bend over backwards to try and preserve their reputation and assist in inquiries. This was a closing of the ranks from very early on.”

Throughout his testimony, Clarke remained firm that all those involved in the case were not affected by News International, “those officers conducted an honest inquiry, they were uninfluenced, as was I by News International.”

Andy Hayman, former Metropolitan Police assistant commissioner also appeared at the hearing.

He told the court that he entered his role with a “reserved” approach to the media. He said “I didn’t feel I needed to engage because I felt that sometimes that kind of relationship was difficult.”

But Jay’s questioning led to the discussion of several meetings between Hayman and Lucy Panton and Neil Wallis. Discussing a “working lunch” in March 2007, Hayman said; “I can’t remember the purpose, I can remember the lunch, but it would not be anything different to anything other than what I’ve already explained, the support that newspaper was trying to give the ongoing terrorist inquiry.” Jay revealed that this lunch was paid for with a Metropolitan Police Service American Express card.

Hayman supported earlier comments from Clarke, that resources were struggling to balance between the phone hacking investigation and on-going terrorist inquiries.

Hayman said: “Without wishing to sound alarmist, the pot was actually running dry, so we had nowhere really to go. Within the Met that was exactly the same … that would have a massive attack on the counter-terrorism.”

Follow Index on Censorship’s coverage of the Leveson Inquiry on Twitter – @IndexLeveson

Police feared violence during News of the World search

A police officer today told how there had been fears of violence during a search of the News of the World premises during an investigation into phone hacking.

In written evidence referred to today in court, DCS Keith Surtees described how one officer “was concerned at the time that NOTW staff may offer some form of violence against the small police team in the building”. Surtees also said that officers had been surrounded and photographed by photographers from several News International publications, and that some had been refused entry to the building. The search took place in 8 August 2006, as part of of Operation Caryatid, the investigation which led to the jailing of Glenn Mulcaire and Clive Goodman. Surtees was the Investigating Officer of the operation.

News International rejects any allegation that there could have been an air of violence during the search.

The Inquiry also heard from DI Mark Maberly, who confirmed that information belong to people on Witness Protection programmes had been found in Glenn Mulcaire’s notes. Lord Justice Leveson expressed alarm at that fact, describing such information as “Not just sensitive – horribly sensitive”.

The hearing resumes tomorrow with video evidence from former Met Assistant Commissioner John Yates, who is currently working with the regime in Bahrain.

In seperate developments, it was announced that James Murdoch had resigned as Executive Chair of News International.

Meanwhile, at Westminster, Tom Watson MP called for an inquiry into the death of priavte investigator Daniel Morgan, amid speculation that News International resources may have been used to undermine a 2002 investigation.

Follow Index on Censorship’s coverage of the Leveson Inquiry on Twitter – @IndexLeveson

Hames suggests News of the World attempted to derail murder investigation

Former police officer and TV presenter Jacqui Hames, who was put under surveillance in 2002 by the News of the World, gave an emotional account to the Leveson Inquiry today, describing the “great anxiety” caused by the intrusion.

The former police officer, who joined Crimewatch in 1990, explained she could not think of any reason why the News of the World would put her and her then husband under investigation, but suspected that real reason for the surveillance was her police officer husband’s involvement in the investigation of the murder of private investigator Daniel Morgan. Hames suggested that the News of the World wanted to derail the case.

Hames tearfully explained how information obtained by Glenn Mulcaire could only have been gathered from her personnel file, suggesting she had been “sold down the line” by someone in the police force.  Upon seeing the information in Mulcaire’s notebooks including her payroll and warrant numbers, along with previous police accommodation, Hames recalled being “shocked” and “angry”.

She began saying: “As a police officer you learn to compartmentalise, you put your private and public life into two different places.” Lord Justice Leveson encouraged her to stop as she became visibly upset, commenting “the cause of this inquiry is not to aggravate the distress caused.”

She added: “I think sometimes it’s easier to dismiss certain people because they should be able to put up with it, but I don’t believe anyone should have to put up with it and that’s why I came here today and stuck my head above the parapet.”

As a former police officer and with her presenting role on BBC TV programme Crimewatch, Hames felt she had been able to “see the media from the inside”, allowing her to undertake her current role as a media trainer for detectives. In her statement to the inquiry, she suggested enhanced media training for police officers at all levels of the force.

Hames advised the court that it was possible for police officers to have a relationship with journalists, while retaining professional integrity. She added “there’s no reason not to if you are open and honest.”

Liberal Democrat MP and phone-hacking victim Simon Hughes described an “unforgivable” failure by police to investigate the extent of phone hacking during his evidence.

Appearing before the hearing, Hughes told the court it was clear from 2006 that staff at the highest level knew the full extent of News of the World payments to Glennn Mulcaire, and described the lack of investigation from police regarding this as a “completely unacceptable failure”.

Hughes described being “frustrated even now” that action wasn’t taken in 2006. He said: “If there had been robust action in 2006 a lot of the illegal action might have been shut down and a lot of the people who are now known to be victims might not be victims or might not have suffered as much.”

During the prosecution of Glenn Mulcaire, Hughes was not told by the police the private investigator had obtained his phone number and secret office “hotline”, information the MP had tried to keep under wraps, following his involvement as a witness in a murder case.

In 2011, during a meeting with officers from Operation Weeting, Hughes said he was shown pages from Glenn Mulcaire’s notebooks, along with other evidence, including transcripts of telephone calls, his home address and phone numbers. In the notebooks, there were three names of News of the World employees.

“The police showed me the pages [from Mulcaire’s notebooks], they asked me to identify what I could. They indicated there may be in this book some names of other people with whom Mr Mulcaire was working … They opened the issue without leading me to the answer.”

Hughes also explained that during the 2006 Liberal Democrat leadership campaign, his office was contacted by a journalist from The Sun regarding a “private matter”. In a meeting with the journalist, Hughes was advised that the newspaper had acquired records of telephone calls made by the MP, relating to his sexuality. Following an interview with the tabloid, The Sun ran the article “outing” Hughes.

Previous to the media speculation around his sexuality, Hughes described being “odds on favourite” to win the leadership vote, and described a “direct impact between that revelation, press coverage and my political reputation.”

Hughes described complaining to his mobile phone provider of “a systemic failure” with regards to his voicemail, after messages he knew had been left were unavailable, and after occasions when his voicemails were completely inaccessible.

The MP also discussed the “unhealthy relationship” between the press and politicians: “I understood how influential tabloids became, saw the desperate effort of party leaders to gain favour with media. I regarded it increasingly unhealthy.”

Hughes added that he believed scrutiny of politicians in the media is important: “Of course we have to engage with the media, and we should be subject to their scrutiny. I’m not asking for a less robust press and less active engagement, but there shouldn’t be people going in through the back door of Downing Street. We need to have a system which is transparent, and open and we know the score.”

Guardian journalist Nick Davies returned to the hearing to give a lively testimony for the second module of the inquiry.

Davies explained that often official police sources prefer quotes to remain unattributed, his definition of “off the record”. He said: “90 per cent of the work I do is off the record. Certainly that includes officially authorised interviews with police officers. It really isn’t sinister. I think the immediate fear that a police officer has when they sit down with a journalist is that they will be misquoted. Off the record eliminates that.”

The journalist described the risks of closing down all communication between journalists and police, comparing it to saying “I got food poisoning last night, I am never going to eat again,” but stressed the importance of “getting to the bottom of  what went wrong with official flow of information” relating to phone hacking, describing it as “catastrophic.”

He added: “it isn’t that official sources are inherently good or that unofficial sources are inherently bad. Don’t identify unidentified sources as the cause of the problem. It would be a mistake to say off the record is the source of the problem, it’s not sinister, it helps people to tell the truth.”

Branding the self regulation and media law in this country as “useless”, Davies suggested taking the Freedom of Information act as a theoretical model: “all info should be disclosed unless it is covered by the following exemptions. I’d like to see the same model for the police. Why not be open? It helps avoid abuse.”

Davies added that it was not an ethical worry for a police commissioner to meet with newspaper editors to talk about policy, or specific cases, but that it became an issue if “we now discover it was an active ingredient in the subsequent failure to investigate News of the World.”

Chris Jefferies also appeared before the hearing for a second time. Jefferies, who was wrongly arrested on suspicion of murdering his tenant Joanna Yeates in 2010, described a pique in media interest following his second statement to the police in December  of that year.

He said: “until then I had not been the subject of any particular media attention but that suddenly changed. A Sky news team were extremely anxious to talk to me, a large number of reporters and photographer’s appeared at the address where I lived. They had somehow got to hear about that second statement, and they were extremely anxious to hear if I believed I had seen Jo Yeates leaving the property on the 17th December with one or other people.”

He added: “There was feverish interest in talking to me and fact it happened day before arrest was remarkable to me.”

In a very measured response, Jefferies added that reports that police had said he was “their man”, was “not be beyond the bounds of possibility that the police might want to give the impression of considerable confidence, that a considerable step forward had been taken in the investigation.”

Jefferies suggested that it should be a “far more serious offence” for police who disclose inappropriate information to the press.

In his witness statement, Jefferies said: “It is my very firm view that it must be considered a far more serious offence than it currently is for police to disclose inappropriate information to members of the press and that to do so should be an imprisonable offence, subject to a public interest defence.”

A tale of two Australians

His organisation’s name was on the marquee, but no-one invited him to the party. We understand there was no attempt at all to invite Rupert Murdoch to last week’s Paris conference on The Media World after WikiLeaks and News of the World.

In contrast the founder of WikiLeaks, Julian Assange, couldn’t attend the conference, being unable to leave the UK for well-documented reasons.

But his organisation says they only got eight days notice that they could send a representative, circumstances that Wikileaks spokesman Kristinn Hrafnsson characterised as a de facto ban on their participation and “censorship”.

Hrafnsson was particularly exercised by the speaker list, which included several journalists who seem to have crossed Assange in the past.

In fact the principles of transparency and justice that WikiLeaks espouse were well defended by the brilliant Jérémie Zimmermann, co-founder of the citizen advocacy group La Quadrature du Net. It was left to him to remind everyone that of the two accused organisations, only one does what they do for corporate profit.

Not speaking for Assange, but still supportive, was WikiLeaks’ occasional legal advisor, Geoffrey Robertson QC. (Robertson’s quip of the day, after counting Assange as a “great Australian”, was to say the same of Murdoch, but only “in the sense that Atilla was a great Hun”.)

The end result was a shortlived attempt to stoke outrage on Twitter and what turned out to be an unheeded call to WikiLeaks supporters to #OccupyUNESCO, the United Nations cultural agency that was hosting the event.

The organisers, the World Press Freedom Committee (WPFC), and UNESCO itself, argued that the conference was about journalism in the wake of the WikiLeaks and News of the World sagas, “and not about the episodes themselves”.

WPFC asserted its right to pick the speakers they liked, but offered to distribute a WikiLeaks statement “and include it in the published conference proceedings”; it was left to UNESCO to invite a WikiLeaks representative a week later.

On the eve of the conference, UNESCO reconfirmed to Index on Censorship that if Hrafnsson wanted to attend, he would be allowed to speak. He didn’t attend. The e-mail trail between Hrafnsson and the organisers is here.

It is odd to call a conference to discuss a media landscape transformed by WikiLeaks and the News of the World, then not invite from the outset, people to speak for the pair that did the transforming.

Most interesting — in what was still a useful event — would have been to hear how the two key actors in the two very different dramas were themselves redefining their own organisations’ roles in their wake.

Murdoch was that very day in London reinventing the News of the World as the Sun on Sunday, while WikiLeaks’ own reinvention, as part of The Global Square, an online global collaboration peer-to-peer platform for activists, is due to prototype next month.