Sue Akers' Swansong

The latest piece from my regular contributor.

Metropolitan Police Deputy Assistant Commissioner Sue Akers (Retired) has now delivered her FOURTH - and final - witness statement to the Leveson Inquiry.  Dated October 31st and 'taken as read', Akers' Hallowe'en missive updates Leveson, as promised, with current developments in the multiple MET investigations into phone and computer hacking, corruption of police and other public officials and so on.  No doubt with some sense of relief, she reminds the Leveson Inquiry

However, on 31 October 2012 I will be retiring from the MPS and will be handing over responsibility for Operations Weeting, Elveden, Tuleta and all related investigations to DAC Stephen Kavanagh. 

In her 15 page statement, Akers has much to say of interest and includes  (either explicitly or by omission) some developments in those intriguing 'related investigations' or  'sub-operations' are implied.

The MET continue to liaise closely with the Crown Prosecution Service (CPS) on which charges are most appropriate and have the most chance of advancing successful prosecutions.  Both MET and CPS will be acutely aware that each and every one of their charging decisions, and indeed their liaison process, will come under intense public scrutiny given the criticisms and consequences of the 2006-7 Operation Caryatid investigation into phone hacking by the (NOTW) News of the World's Clive Goodman and Glenn Mulcaire. Neither MET or CPS can afford any more reputational damage or suspicions of lack of backbone in confronting alleged offences by the press. Unsurprisingly then, Akers reveals that both individual and CORPORATE charges are under consideration.

Operation Weeting:  She sets out the known charges brought so far against 7 former NOTW journalists and executives, plus one non-journalist - see CPS statement here, with a provisional trial date set for September 2013.  All eight are now on court bail.  Also, of  "the 17 arrested, six individuals have been released from police bail with no further action being taken. The remaining three individuals remain on police bail until November and December 2012. All three are on bail for offences relating to conspiracy to intercept communications."  The 1 non-journalist above plus another non-journalist are also awaiting charging decisions in relation to associated money laundering allegations.  Lastly, six others previously arrested under Weeting have been released from police bail with no further action to be taken.  Weeting sub-investigation, Operation Sacha, has so far resulted in seven individuals charged with conspiracy to pervert the course of justice: "A hearing for defendants’ applications to dismiss is scheduled for 12-13 December 2012."  One for the diary.

The large proportion of Weeting police resources which had to be devoted to notifying possible victims is almost complete. Those number contacted is at present c. 2,500.  The number of officers tasked is now being scaled back to 12, from a peak of 40.

Operation Elvedon:

...52 arrests consisting of 27 current or former journalists, six police officers, 12 current or former public officials and seven individuals who acted as conduits for corrupt payments. Files have been submitted to the CPS to advise on appropriate charges for three public officials and four journalists (current and former). One police officer has been charged with misconduct in public office and an offence under the Official Secrets Act 1989.

The misconduct charge of this last individual has been reported as being in connection with Operation Varec.

Elvedon charging decisions are now being considered under a range of offences:

• corruption under the 1906 Prevention of Corruption Act
• conspiracy to corrupt
• misconduct in a public office
• conspiracy to commit misconduct in a public office
• aiding and abetting misconduct in a public office
• money laundering contrary to s328 Proceeds of Crime Act 2002 
• bribery contrary to Section 1 Bribery Act 2010

The last is intriguing - it means offences being considered must therefore include allegations which post-date 2010.

Kelvin Mackenzie, amongst others, may belatedly realise that not all of the offences being considered jointly by MET and CPS have a public interest defence. Whilst re-acquainting themselves with the law, Kelvin and his ilk should note that the CPS have overhauled their guidance on what may be held to constitute 'public interest' in evaluating potential charges (see here) and provided a very handy guide to 'Criminal Offences Most Likely To Apply To Be Committed In Cases Affecting The Media', with maximum penalties spelt out clearly.

Akers states that Operation Elvedon is pursuing evidence realting to News International, Daily Mirror, Sunday Mirror, Daily Star and Sunday Star.  Express Newsgroup seem to be more amenable to MET investigation than Trinity Mirror does.

Operation Tuleta:

is conducting an assessment of 142 complaints of data intrusion, including allegations of phone hacking, computer hacking and improper access to banking, medical and other personal records... a vast quantity of data across 70 storage devices is being searched for evidence to support or contradict allegations made... MPS counter corruption databases and relevant HOLMES databases are also being searched. 

Counter-corruption databases?  Must be some joined up thinking going on.  Seventeen individuals have so far been arrested, plus one interviewed under caution on suspicion of offences re the Computer Misuse Act, handling stolen goods (alleged to be mobile phones), and/or perverting the course of justice.

And that's it for Tuleta....  A screechingly abrupt halt on page 10.

But sharp-eyed readers will remember that Sue Akers submitted a 15 page witness statement.  That's easily explained - page 11 REDACTED,  page 12 REDACTED, page 13 REDACTED, page 14 REDACTED, and page 15 REDACTED.

So, presumably for operational reasons and ongoing enquiries, Tuleta's sub-operation Kalmyk is off-limits (for background see here). As are any speculative links to any other past police investigations.


So it's hello to Steve and so long to Sue....

Enjoy your retirement, DAC Akers - "Thank You & Goodbye".


Related Articles
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One Rogue Email And The Indestructible Archive  


You can contact the author on Twitter @brown_moses or by email at brownmoses@gmail.com

Andre Baker - A Hackgate Footnote?

The latest from my regular contributor.

Readers of these Brown Moses posts on Hackgate may remember a recent post - 'News Corp - Diplomatic Immunity?' It offered a different perspective regarding politicians subjected to News International 'dark arts' - shifting the focus from WHO to WHAT Offices of State they held at the time they were allegedly hacked, burgled or put under surveillance. This current article is an experiment in doing the reverse - shifting the focus from WHAT law enforcement office was held to WHO?

The starting point is a small gathering in a side office at Scotland Yard - convened to confront Rebekah Wade and ask why the News of the World (NOTW) had apparently undertaken surveillance of a Metropoltan Police (MET) officer investigating the barbaric axe murder of Daniel Morgan.   At the meeting were Rebekah Wade, Dick Federcio, the MET officer himself Dave Cook, and Cook's boss Commander Andre Baker.

But WHO is Andre BAKER?  And what are his connections to the complex Hackgate saga?

Andre (Andy) BAKER has had a lengthy career in the MET.  He joined in 1975 and rose through the ranks in posts throughout London, including notoriously tough beats in South East London around Lewisham, Eltham and Catford. 

October 2001 He was promoted to the rank of Commander, Serious Crime Directorate (Homicide). As such, he would have been well aware that three previous investigations into Daniel Morgan's murder had been abortive, and that one of those investigations had involved MET bugging conversations of suspects (Operation Nigeria) - eavesdropping on apparently corrupt procurement of information by NOTW.

21 March 2002  Milly Dowler disappeared from Walton-on-Thames.  Surrey Police started their abduction - then murder - inquiry.  The MET Serious Crime (Homicide) - under Commander Andre BAKER - liaised closely with Surrey Police in case Milly's murder might be linked to suspects in other London murder investigations.

It is not known if Surrey Police at that time apprised Andre BAKER and his team that NOTW had hacked Milly Dowler's phone.  If Surrey Police did, then this knowledge would have added considerably to Commander BAKER's growing intelligence on the 'dark arts' and NOTW.

25 June 2002  Detective Chief Superintendent Dave Cook appeared on BBC Crimewatch to appeal for any information on the murder of Daniel Morgan.

10 July 2002  Cook noted an unfamiliar parked van outside his home. It tailed him whilst he drove his children to school. His then wife, Jacqui Hames, later noticed photographs of their house being taken surreptitiously from a parked vehicle. Further investigations by fellow MET officers are alleged to have connected NotW to this covert surveillance.  The MET were concerned enough to give the Cook-Hames family witness protection status and additional security.



9 January 2003  The confrontation at Scotland Yard.   Dick Fedorcio arranged the meeting, at the request of Andre BAKER.  As Fedorcio described it (Evidence to the Leveson Inquiry p54)

Commander Baker was doing it because of his concerns about Mr Cook's concerns, really. It wasn't about taking any action against the News of the World; it was to help Mr Cook understand and come to terms with what had gone on. That was how Commander Baker described to me, as a welfare meeting, looking after a member of his staff

At a subsequent Metropolitan Police Authority meeting (the then MET oversight body) in 2011, a Member understandably asked why (MPA: Strategic and Operational Policing Committee minutes -14-Jul-11 p4)

... no further action was taken. He asked: first, who took the decision to proceed in that way - a conversation with the editor but no further action - and were then Commissioner or Deputy involved or informed? Secondly, were any other senior officers involved or informed? And finally, would John Yates' team who reinvestigated the Daniel Morgan murder have known?

The MPA were advised by the MET Acting Commissioner that no public response could be made as the Cook-Hames alleged surveillance was now under active investigation.

November 2004  Levi Bellfield arrested in west London on suspicion of murdering French student Amelie DelaGrange.  Commander BAKER said "There were reasonable grounds to arrest this individual" . A Daily Mail report added, "detectives have previously linked the murder to five other attacks in south-west London."  Publicly at least, no connection was yet made with the Surrey murder of Milly Dowler.

2006  As a consequence of Operation Motorman uncovering prima facie Data Protection Act breaches by journalists of national newspapers (including NOTW), the Information Commissioner's Office (ICO) published 'What Price Privacy' and 'What Price Privacy Now?'  These two Reports (here and here) to Parliament and relevant law enforcement bodies detailed industrial scale data procurement by national newspaper titles from private investigators.  The ICO Commissioner also informed the Press Complaints Commission that the ICO would have no hesitation in prosecuting any journalists suspected of similar data breaches in future.

2006-7  Operation Caryatid - the investigation of phone hacking of the royal household by NOTW's Clive Goodman and Glenn Mulcaire. As the sheer volume and extent of phone hacking became apparent, the MET Operation Caryatid team liaised with and briefed other relevant law enforcement agencies (para 72) - including the Serious Organised Crime Agency (SOCA).

By this time (from January 2006), the Deputy Director of SOCA was Andre BAKER.

2006-07 was clearly a busy time.  The Haute de la Garenne child abuse scandal in Jersey (in which Jimmy Savile is now implicated) needed a mainland, ACPO-nominated authority to oversee the investigation. Former MET Homicide Commander, Andre BAKER took up the role in addition to his Deputy Director of SOCA duties. This necessitated liaison with Jersey States police and several visits to Jersey.  The controversial Haute de la Garenne investigation was ramped up by lurid, sensationalised  press reporting. A subsequent Review observed (final para)

The approach taken by the States of Jersey Police to releasing information about the teeth found was unusual, not consistent with normal working practice in the UK and encouraged further media reporting and speculation.

2007-09 At the same time, back on the mainland, Surrey Police were still pursuing the Milly Dowler murder investigation as well as allegations of sexual abuse by victims of Jimmy Savile.  Just as knowledge of the NOTW Dowler phone hacking was apparently not shared by Surrey with the MET, it seems perhaps the Surrey team investigating Savile were not informed of crucial information known to MET and Jersey police forces.

Throughout this period, some of the national press were critical of police crime-fighting.  For example, The Sun's crime reporter, Mike Sullivan, castigated Andre BAKER, the MET, and Surrey Police for failing to catch the killers of several murder victims - including Milly Dowler.

2007-08 SOCA researched and complied an intelligence report entitled 'The Rogue Element of the Private Investigation Industry'.  It highlighted the corrosive effect of press collusion in illegal practices such as phone hacking, Police National Computer abuse, computer hacking, corruption, vehicle tracking, surveillance etc etc.

2005-09  Operation Millipede.  This was a lengthy SOCA investigation into a network of private investigators' blagging and computer hacking.  It led to four arrests in 2009 and four convictions in Feb 2012.



July 2009 John Yates undertook an 8 hour consideration of Operation Caryatid before concluding there was no necessity to re-open the investigation.  Two days later, Yates received a written briefing from two of the original Caryatid investigating officers. It reiterated that "briefings of the emerging security risks in relation to mobile phone voicemails were given to SCDI4, The Security Service, Cabinet Office, The Royal Household and SOCA."  (p6)


2010-11  First a New York Times report on phone hacking, then Nick Davies' Guardian exposé of NOTW's hacking of Milly Dowler's mobile phone prompted demand for an independent, judge led Inquiry.  Lord Justice Leveson's Inquiry into 'Culture, Practice and Ethics of the Press' started in October 2011.

June 2011  Serial killer Levi Bellfield is finally convicted of the murder of Milly Dowler.

2012  BAKER, Deputy Director of SOCA, moves to another post as Deputy Chief Executive of the Child Exploitation and Online Protection Centre (CEOP) where he will probably be involved with police investigations into the Jimmy Savile scandal.

Andre BAKER will no doubt be grateful that he was not called to give evidence to Leveson, and that his name is relegated to a footnote in the history of Hackgate - a mere bit player at that small, informal Scotland Yard meeting with Rebekah Wade.

Related Articles
Hackgate - Ten To Watch For
Hackgate - Dear Surrey Police
Hackgate - The John Boyall Files
One Rogue Email And The Indestructible Archive 
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Alex Marunchak - Presumed Innocent

You can contact the author on Twitter @brown_moses or by email at brownmoses@gmail.com

Dear Surrey Police

Another article from my regular contributor.

Dear Surrey Police,
There are eight senior, Deputy and Chief Constables in England currently under investigation.  Count them - EIGHT - for a variety of allegations: using undue influence, corruption, misuse of public funds, gross misconduct, even lying to the Independent Police Complaints Commission.

Well okay,  I grant you, one is appealing being sacked for gross misconduct, the first since 1977.

True, that has attracted press coverage.  But only because of its rarity value.  We're much more used to senior officers being allowed to quietly retire on full pension to avoid disciplinary action - like this one, or these.

Sometimes though, you get things right. You did interview Jimmy Savile about alleged sexual offences.  And when you decided there was enough evidence, you were prepared to follow that up with a referral to Crown Prosecution Service.  Sadly, the CPS decided insufficient evidence so no charge could be brought. There were others though who didn't voice their suspicions and have attracted criticism for their inaction - such as this tweet:

No, sorry, Janet. Sorry Esther. I don't buy it. If you knew and you did nothing, you're part of the problem you condemn.
— Louis Barfe (@LFBarfe) October 4, 2012

So credit where it's due - you did investigate.

Because who doesn't loathe such hateful crimes against children, doubly victimised by crass abuse of power and smothered by walls of silence?  Who would not feel like weeping for their powerlessness?  Unless it were Milly Dowler and you knew about that phone hacking.

And you knew.  It's not even in dispute.  The News of the World "admitted to Surrey Police in April 2002... (it) had unlawfully accessed Milly Dowler's voicemail messages."  News International has conceded that to victims taking civil action.  It is the main foundation of the criminal prosecutions too, of course - conspiracy unlawfully to intercept communications.  Those charged in relation to Milly Dowler are Rebekah Brooks, Andy Coulson, Stuart Kuttner, Greg Miskiw, Glenn Mulcaire and Neville Thurlbeck.  Are you seriously hoping no-one will notice?  Do you really think no-one will wonder who in Surrey Police was told?  Can you honestly believe nobody will ask why nothing was done to prevent phone hacking continuing? The next victims after Milly herself were her family - and maybe you could have prevented it.

Granted, you did invite the Independent Police Complaints Commission to investigate.

And that's the last we heard of that.  Doubtless the IPCC will kick the can further down the road, and we'll be told it can't report till the News of the World prosecutions conclude - when might that be? 2014? 2015?  But why?  By that time, we will have guessed that no charges will be made.  And we will definitely have clocked if anyone were to be allowed to quietly retire with a full pension and avoid disciplinary action.

No, sorry, Surrey.  Sorry IPCC.   I don't buy it. If you knew and you did nothing, you're part of the problem you condemn.

There are Questions Still Unanswered, and continuing Discrepancies and Delays.

The Leveson Inquiry has acted like a searchlight. Regardless of its outcomes, it's served the public well, giving the opportunity to watch the process.  Whatever its Report recommends, the open scrutiny is necessary if the battered and bruised public confidence in policing is ever to start healing.  Two Prime Ministers spelled out the 'Dowler Test'.  David Cameron said,  "... bear in mind who we're doing this for, why we're here in the first place, and that's the real test. If the families like the Dowlers feel this has really changed the way they would have been treated, we would have done our job properly."

Gordon Brown said

...the question (is) that the Dowlers put to us: how can we defend the privacy of a family who at their moment of greatest grief and at a time when they're at their most vulnerable have their privacy invaded by the press in a way that splits the family apart and makes everybody in that family suspicious of each other, and particularly so since it's been done by unlawful means, which include telephone tapping.... I think Lord Justice Leveson put it: 'who will guard the guardians?' was a question which he wanted to address. I will say: who will defend the defenceless?

Who guards the guardians?  We do.  All of us.  The private citizens, public servants, our MPs, the bloggers, investigative journalists, the armchair Leveson viewers, Hacked Off and the pissed off - asking our questions and putting your integrity under our spotlight.

And we are watching what you do next.

Yours Faithfully,

Mr Reg Contributor

c/o Brown Moses

Related Articles
Hackgate - The John Boyall Files
One Rogue Email And The Indestructible Archive 
John Yates And Neil Wallis - A Mutual Understanding
Alex Marunchak - Presumed Innocent
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The Cook-Hames Surveillance : A Watched Kettle...
Alastair Morgan On The Latest Hackgate Revelations

You can contact the author on Twitter @brown_moses or by email at brownmoses@gmail.com