Springwatch

A summary of recent events and what to watch out for from my regular contributor.

1  Kavanagh's replacement?

No, not Trevor.  As discussed here back in January, all Hackgate investigations were quietly migrated back to the home of their troubled and stuttering genesis in Specialist Operations under Assistant Commissioner (AC) Cressida Dick.  After Sue Akers' retirement, responsibility for Operations Weeting, Elveden and Tuleta had passed to Deputy AC Steve Kavangh. Kavanagh promptly applied for the post of Chief Constable of Essex Police and was confirmed in his new post in February.  Meanwhile, no news has emerged of who now has operational command of Operations Weeting, Elveden, Tuleta as DAC Kavanagh's designated replacement.

That leaves AC Cressida Dick holding the Hackgate baby, having to act as spokeswoman in defending those dawn raids and arrests of journalists (see here), at the same time as justifying why Counter Terrorism should remain within her Metropolitan Police (MET) command and not be transferred to the new National Crime Agency.  It would be interesting - and in the public interest - to see some clear up-to-date statement from the MET on the chain of command of the Hackgate investigations. Perhaps Chair of Home Affairs Select Committee Keith Vaz MP might ask?

2  Craig Denholm and the IPCC

Still waiting for any sign of that Independent Police Complaints Commission (IPCC) report following the investigation into aspects of the Milly Dowler phone hacking in 2002.  (for background see here)

Surrey's Deputy Chief Constable Craig Denholm and Det Sup Maria Woodall were referred for IPCC conduct investigation in June 2012.  By November 2012, it was reported (Guardian) that the IPCC report was "almost complete" and due to be submitted to Surrey Police by the beginning of December.  Denholm then applied unsuccessfully for the post of Chief Constable of Devon and Cornwall.  Despite suspicions that the report would be delayed for 18 months or more (here) whilst Denholm would be allowed to retire from Surrey, in January 2013 the IPCC

said it has completed its file on Craig Denholm, the senior police officer who allegedly knew the News of the World had hacked the phone but took no action.  Speaking to the BBC, chief constable Lynne Owens described the police watchdog’s report as “thorough” and said Surrey Police will decide what action to take in the wake of ongoing criminal investigations.
The IPCC has said it is now awaiting chief constable Owens response to the file.

3  Media Plurality

Debates on the Royal Charter and press regulation have taken centre stage, allowing key issues of media ownership to be overshadowed. A News Corporation re-newed bid for BSkyB has even been rumoured.

In the US though, Rupert Murdoch is not yet getting his own way in expecting a waiver to laws designed to prevent market dominance in Los Angeles and elsewhere.  Similar pan-European legislation is also being mooted (here) through a recognised European Citizens' Initiative.  Meanwhile in the UK, ownership concentration is back on the Parliamentary agenda - with a focus on safeguarding plurality particularly in news provision across media platforms.

On March 28th, the House of Lords Select Committee on Communications announced its new inquiry into Media Plurality.  It aims to give its recommendations in Autumn 2013.  Its call for evidence says

Achieving a workable approach to plurality, particularly in provision of news and current affairs, is generally considered fundamental to a well-functioning democratic society, ensuring as far as possible informed citizens and a media without any single set of views or individuals wielding too much influence over the political process. Any consideration of plurality is, of course, heavily tied in with the wider context of the future of news provision more generally, particularly of newspapers....issues surrounding media plurality are once again under the policy spotlight, prompted by concerns raised about the proposed (and then dropped) acquisition of BSkyB by News Corporation; Ofcom’s report on Measuring Media Plurality; Lord Justice Leveson’s report; the report by the European Commission’s High Level Media Group on Media Freedom & Plurality; and the recently-launched European citizens’ initiative for media pluralism.

4  The ICO and Data Protection Act

Published in March, 'The Functions, Powers and Resources of the Information Commissioner' is the latest, and timely, report from the Justice Select Committee.

The phone hacking scandal and the subsequent inquiry by Lord Justice Leveson into the ethics, practice and culture of the press drew attention to the past failings of the ICO during Operation Motorman. It also showed the importance of data protection and the need for a regulator with the ability to take effective action.

The Data Protection Act, with its controversial Section 55 applicable to press intrusion, came back under the Justice Committee scrutiny.  Surprisingly, it appears that a conviction under Section 55 does not currently result in a criminal record.  The ICO

argued that criminal records, which are a matter of both deterrence and of assisting detection, were essential in reflecting the seriousness of the offence. At present the offence of unlawful obtaining etc is not a recordable offence. It is not therefore recorded on the Police National Computer. Fingerprint impressions, DNA samples and descriptive details are not currently taken from those individuals who are prosecuted by the ICO for the section 55 offence 

Unsurprisingly, the Justice Committee wishes to see Section 55 breaches recordable.  As for triggering legislation to include custodial sentences (up to 2 yrs, subject to public interest defence), the Report strongly recommends

Introduction of the option of custodial sentences for section 55 offences would emphasise their seriousness. We call on the Government to adopt our previous recommendation, as well as that of the Home Affairs Committee, the Joint Committee on the Draft Communications Data Bill and the Leveson Inquiry, and commence sections 77 and 78 of the Criminal Justice and Immigration Act 2008 to allow for custodial sentences for breach of section 55 of the Data Protection Act 1998.

5  Operation Elveden conviction

There have so far been four convictions in Operation Elveden for the offence of Misconduct in Public Office.  Yet each individual sentence has been different. April Casburn received 15 months imprisonment. She had pleaded not guilty so did not have her sentence reduced on conviction

The defendant does not have the benefit of the mitigation that would have accompanied a guilty plea.
Without the important complicating factor [ongoing child adoption process]..., the sentence would have been 3 years imprisonment.

On March 27th, three others were sentenced for misconduct offences for which each had pleaded guilty.  Alan Tierney, former Surrey police officer, received 10 months and 6 months (concurrently) for two offences, whilst former prison officer Richard Trunkfield was sentenced to 16 months for a single offence.  Another police officer (un-named for legal reasons) was given a term of 2 years.  He was told

the offence warranted a sentence of three years, but because of his early guilty plea he was reducing the sentence by a third. 

What seem at first sight to be discrepancies in sentences are explained by each individual sentence being increased or decreased for a variety of specific aggravating / mitigating factors.  These can include an early guilty plea or - as in Trunkfield's case - the extreme sensitivity of the identity of the prisoner about whom he leaked information.  There are guidelines, but Judge's discretion is exercised in applying sentence reductions.

Those charged with similar offences may well pause for thought - the only factor common to all four convictions is that emergent 'baseline' of three years.

6  Business as usual?

Midsummer '11 was a tectonic shift for the UK press.  Ably traced by News International seismographer Peter Jukes' book 'The Fall of the House of Murdoch', the 'fourteen days that ended a media dynasty' shook the fourth estate and toppled the News of the World.

On June 20th, Operation Elveden commenced - the new investigation into alleged bribery of police and public officials.  This marked a widening of the scope of alleged Hackgate offences, and was to be supervised by the Independent Police Complaints Commission (IPCC).  On 13th July, the Leveson Inquiry was announced by the Prime Minister.

Yet evidence is now emerging that that seismic 'moment' of summer '11 may not have brought malpractice to a juddering halt.  The recent resurgence of Elveden charges and convictions warrant some analysis, particularly the date ranges of alleged offences. Crown Prosecution Service (CPS) charging decisions have been accompanied by CPS statements (here)

made in the interests of transparency and accountability to explain the decisions reached in respect of cases arising from Operation Elveden, which is the Metropolitan Police Service investigation into allegations involving the unlawful provision of information by public officials to journalists.

• CPS Statement dated 15/05/2012  details News International-related charges for alleged offences up to July 19 2011.
• CPS Statement dated 20/03/2013, News International-related charges alleged offences up to August 2011.
• CPS Statement dated 22/01/2013, News International-related charges alleged offences up to September 2011.
• CPS Statement dated 20/11/2012, News International-related charges alleged offences up January 2012. 

These are in addition to Sue Akers' evidence to the Leveson Inquiry (paras 22-24)

• Trinity Mirror-related alleged offences up to January 2012
• Express Newspapers-related alleged offences up to February 2012

In each instance, the alleged offences took place AFTER the start fo Operation Elveden and the announcement of the Leveson Inquiry.

Hardly evidence of a cryogenic 'chilling effect' -  if proven, some might call this sheer hubris.

7  Farewell to Vos and Fulford

Judges presiding over phone hacking cases elevated to higher office - Mr Justices Vos and Fulford to become lord justices of appeal, and will not handle trials of former News International staff.

Both Vos and Fulford have made their individual marks on Hackgate, laying foundations in key civil and criminal cases for their respective successors.

Most memorable quote from Justice Vos:

They [News International] are to be treated as deliberate destroyers of evidence.

Most memorable quote about Justice Fulford:

At last members of the jury, we have a decent judge! 

8  Sun solidarity 

Sun staff show support as deputy editor appears in court

This is an interesting and thoughtful development, brought about by watching news footage of a fellow reporter's lone walk into court. It accompanies a new site, Call to Arms Now (here).  It is an informal invite to journalists to show dignified support for each other at each court appearance because "we as journalists have been sitting back watching colleagues we know and respect having their lives turned upside down for simply doing their job."  This quiet demonstration of solidarity could certainly be an opportunity to demonstrate their genuine strength of feeling.

But demonstrate that depth of feeling to who, exactly?  The Met for the dawn arrests?  CPS for the charging decisions? Courts? Hacked Off?

Or even perhaps Rupert Murdoch?

It certainly has the potential to demonstrate quiet determination to News Corporation. The Sun journalists should have no illusions about the veneer of loyalty shown them by their employer whilst it suits News Corp, or the speed at which it will disappear if it becomes inconvenient. Given the hostility towards the Management and Standards Committee (MSC), hacks seem in no mood to be hung out to dry should favoured senior executives not stand shoulder-to-shoulder with them in the dock.

If I were Murdoch I would be keeping a watchful eye open for where this new-found journalist solidarity might lead.


Related Articles
Hackgate - Elveden: Murdoch Or King Cnut?
Hackgate - Elveden - Murdoch's Catch 22
Hackgate - "Snakes And Ladders" At The Met
Hackgate - April Casburn's Conviction - Myths And Misconceptions
Hackgate - Varec Revisited - Dissent In The Ranks
Hackgate - Sue Akers' Swansong
Hackgate - "Newsdesk Here, Kelvin Speaking..."

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

"Snakes And Ladders" At The Met

The latest from my regular contributor.

At her final appearance before the HASC - Home Affairs Select Committee - (4th September 2012), Sue Akers was asked how the three main Hackgate investigations were organised and what was the chain of command:

- Q54 Michael Ellis: "What about the rank of the officers involved? Do you have a number of officers of senior rank or are most of them detective constables and sergeants? Can you say something about that?"
- Sue Akers: "Yes, I can. I have a detective superintendent in charge of each strand, so there are three of those, one dealing with the phone hacking, one dealing with corrupt payments and one dealing with the Tuleta offences. They each have a detective chief inspector and a small number of detective inspectors." [The witness later clarified: Operation Tuleta does not have a DCI - only Weeting and Elveden]  The rest are sergeants, constables and a fair number of police staff... I have a detective chief superintendent who oversees or hovers above all three of the detective superintendents."
- Q55 Michael Ellis: "So he is your deputy, is he, a detective chief superintendent?"
- Sue Akers: "He is my deputy."

As well as these details of her team subordinates, HASC showed an understandable interest in MET arrangements for replacing Akers when she retired in October 2012:

- Q82 Chair: "Who will take over? Who will take your job?"
- Sue Akers: "Another ACPO officer has been identified and he will-"
- Chair: "Sorry, who is that?"
- Sue Akers: "DAC Steve Kavanagh."
- Q83 Chair: "Where is he at the moment?"
- Sue Akers: "At the moment he is in territorial policing but will-"
- Chair: "So he is at the Met at the moment, is he?"
- Sue Akers: "Yes, but he will be moving to a position where he is able to oversee...we will be moving towards case building and trials, and there will be no need for the amount of scrutiny and oversight that I have had to put in"

Giving evidence to the Leveson Inquiry (p3 6th February 2012), she was also asked about chain of command upwards:

- MR JAY:  "Owing to the size of these operations -- and you're going to tell us in a minute the number of staff who are dedicated to each of them -- your role is one of oversight."
- A.  "Yes."
- Q.  "And you report to the Deputy Commissioner?"
- A.  "My -- who I report who has changed.  I started by reporting to the Assistant Commissioner.  Then, when we had a change at the top, I reported to the Acting Deputy Commissioner, and then another Deputy Commissioner and now an Assistant Commissioner again."
 - Q.  "Of course"

Robert Jay's understated response "Of course" quietly underlined the seismic changes at the top of the MET as a result of the phone hacking scandal.  Chief of these were the resignations of the Commissioner Sir Paul Stephenson and Assistant Commissioner John Yates.  In addition to high profile resignations, the MET has undergone senior management restructuring too during this period. Small wonder then that HASC showed concern:

- Q81 Chair: "You have a huge amount of expertise in this. Who is going to take over? We clearly do not want somebody absolutely new who does not know what is going on."

From this evidence above, the chain of command was fairly clear.  For the three main Operations (Weeting, Elveden and Tuleta), there are a number of constables, sergeants, detective inspectors, detective chief inspectors and detective superintendents. Then at senior level, a designated Detective Chief Superintendent oversees all three investigations.  He reports to a Deputy Assistant Commissioner, who in turn reports to an Assistant Commissioner.

So who are these three key senior officers?  And what IS their familiarity with Hackgate?

THE DETECTIVE CHIEF SUPERINTENDENT - GORDON BRIGGS

The first conviction of Hackgate was on 10th January 2013.  Detective Chief Inspector April Casburn, a serving MET police officer in Counter Terrorism Specialist Operations (SO15) was found guilty of misconduct in public office (see here for background).  BRIGGS was the public face of the MET response to Casburn's guilty verdict.  He faced a throng of print press, broadcast news, and freelance photographers. (video).  From the Guardian

Det Chief Supt Gordon Briggs, who oversees Operations Weeting, Elveden and Tuleta, said: "It is a great disappointment that a detective chief inspector in the counterterrorism command should have abused her position in this way. There's no place for corrupt officers or staff in the Metropolitan police service... In this case DCI Casburn approached the News of the World, the very newspaper being investigated, to make money.

January 25th 2012, BRIGGS wrote to the Culture, Media and Sport Select Committee (CMS) as deputy to Sue Akers. He politely and firmly declined to provide CMS Chair, John Whittingdale, with required information as "To disclose the names of such individuals would require us to disclose private information concerning third parties without their consent."  Whittingdale had requested the names of all MPs and peers thought to have been hacked by the News of the World. (here)  The impasse was later resolved by CMS member Tom Watson MP negotiating with Sue Akers for the numbers of MPs and peers, without disclosure of individual names.

Further back in September 2010 (and coincidentally at the same time as Casburn's leak) NOTW was making news for other reasons:  "Two people have been found guilty of trying to sell an 11-month-old girl as a slave. A 48-year-old man and 29-year-old woman, from north-east London, were exposed offering the child in return for £35,000 in a News of the World sting...with an undercover reporter from the paper."  On their conviction BRIGGS, then heading MET child abuse investigations (here) said

This was an appalling case where individuals have attempted to sell a vulnerable child for their own personal gain and with no consideration whatsoever for her safety and future. We thank the News of the World for bringing this case to our attention and we are indebted to our partners in Newham social services who joined us in a fast-moving operation to recover the victim and remove her to safety.

Even further back, in 2004, BRIGGS attended senior Management Board meetings in his then capacity as Staff Officer to MET Deputy Commissioner/Acting Commissioner Sir Ian Blair. Also present was Commander Andre Baker (see here).

THE DEPUTY ASSISTANT COMMISSIONER - STEVE KAVANAGH 

September 2010 was an challenging month for Steve KAVANAGH at the MET. On September 1st, the New York Times published its exposé on phone hacking - triggering yet more criticism of MET refusal to re-open the investigation. 6th September, under intense public pressure, John Yates, Assistant Commissioner Specialist Operations (ACSO) launched a scoping investigation into the New York Times claims. It was designated as Operation Varec. "John Yates (JY) explained that he wished to maintain the lead for phone hacking within SO (Specialist Operations)." Yates would therefore command 'Gold Group' oversight for Varec. Designated lead at "Silver Group' level for Varec was Commander Steve KAVANAGH.

The first Gold Group operations meeting was the next day, September 10th 2010.  It was some of the information discussed at this meeting which Casburn subsequently leaked to News of the World. Casburn was Detective Chief Inspector in SO15 (Counter Terrorism, Specialist Operations) - Counter Terrorism Command was headed by Steve KAVANAGH (see here).  A week later on September 17th, another substantive Varec Gold Group meeting was called, and later the same day, the MET were alerted to a potential terrorist plot just prior to the Pope's visit to London (p12 here):

At 0317 Commander Steven Kavanagh (a rank equivalent to Assistant Chief Constable in other police forces) was briefed. He reviewed and approved the plans for arrest... At 0340 the options were reviewed at a Gold Group meeting chaired by Assistant Commissioner for Special Operations (ACSO) John Yates.  As ACSO, Mr Yates is responsible for SO15...

In January 2011 Operation Weeting began.  The investigation was taken out of Yates' command, arguably to distance it from criticism and placed instead in the Special Crime Directorate under Sue Akers. 

KAVANAGH'S  hard work paid off as in March 2011 he climbed the ladder and gained promotion to Deputy Assistant Commissioner (here and p3 organisation chart):

...with John Yates, Acting Deputy Metropolitan Police Commissioner, and Catherine Crawford, MPA Chief Executive, acting as advisers to the panel... Acting Deputy Commissioner John Yates, said: 'I´m extremely pleased that two such strong candidates have been successful at the board.' 

One of DAC KAVANAGH'S first duties was to deputise for Yates at a House of Commons Select Committee.  (column 8)

By July 2010 however, the MET was suffering severe reputational damage over its handling of the NOTW scandal. On July 17th Commissioner Sir Paul Stephenson stepped down, the following day John Yates resigned too.  DAC KAVANAGH soon faced an even bigger challenge - coordinating the MET's operational response to the London summer riots.  Meanwhile, Operations Weeting, Elveden and Tuleta gathered pace under Sue Akers.

THE ASSISTANT COMMISSIONER - MARK ROWLEY

Police in-house magazine 'The Job' saw a need to help the confused. (p6 The Job April 2012)

Over the past year, there’s been a lot of reorganisation at the top of the Met. We have a new Commissioner and Deputy Commissioner, and two new Assistant Commissioners. It can be hard to keep track, so here's a chart of who's doing what.....

Akers is shown directly reporting to Assistant Commissioner Mark ROWLEY, Specialist Crime and Operations.  ROWLEY was appointed MET Assistant Commissioner in December 2011.  Prior to this, ROWLEY was Chief Constable of Surrey Police.  Before leaving Surrey, ROWLEY had had to admit on behalf of Surrey Police to the Home Affairs Select Committee that Surrey Police had known about the NOTW hacking of Milly Dowler's phone when it had happened in 2002. (Daily Mail) He was appointed Chief Constable of Surrey Police in 2008, succeeding Bob Quick.  ROWLEY'S Deputy Chief Constable was Craig Denholm.  At time of writing, Denholm is still being investigated for his alleged failure to act on his knowledge of the Dowler hacking for almost a decade.(Guardian)

The resulting IPCC Report is due shortly, though may be in redacted form so as not to prejudice ongoing trials.  Interestingly, ROWLEY had first joined Surrey Police in 2002 as Chief Superintendent, and subsequently was Senior Investigating Officer for 5 years of Operation Ruby - the investigation into the murder of Milly Dowler. It is not known whether or not Denholm informed ROWLEY on his knowledge of the Dowler hacking.

[UPDATE: Brown Moses added this pertinent 2011 observation in the Guardian from 2011]

If hacking's the problem, the Met has hired the right man... The last Met commissioner headed for the exit. Still, others survive and thrive. And that includes Mark Rowley, former chief constable of Surrey, now reborn as an assistant commissioner at the Met. Rowley headed Surrey's investigation into the murder of Milly Dowler [He took overall command for the investigation in 2006]. The News of the World first 'fessed up to hacking Milly's phone that same year. What happened next? Not much. Rowley quite reasonably told MPs no hacking investigation occurred because the murder itself was a priority. Still, it does have the potential to embarrass. Because if you looked at his official biog in July, it revealed that as a detective superintendent at the National Criminal Intelligence Service, he "led on the national deployment of covert techniques to combat organised crime such as telephone interception". Appraised of the facts, he would have realised that what the News of the World was doing wasn't legal. By the time of his move to the Met last month, his Surrey biog had been redrafted. By then, there was no reference to his telephony expertise at all.

(Hugh Muir, Guardian)

It must be difficult for the MET, from its small pool of senior officers, to identify an investigation command structure which might offer a clean break from any Hackgate baggage.  Which is why it is surprising to see yet another shift since Akers' retirement.  Tracing labyrinthine MET re-structurings is tortuous,but Operations Weeting, Elveden and Tuleta -together with DAC KAVANAGH - seem to have migrated back to Special Operations reporting to Yates' successor Assistant Commissioner Cressida Dick.  (Dec 2012 organisation chart here)

Past criticisms of the original phone hacking investigation questioned the wisdom of homing it with counter-terrorism, royal protection and so on.  Given the controversial and compromised history of Specialist Operations re the 2006 Goodman/Mulcaire Operation Caryatid, failures to notify victims, Yates "crap" cursory re-visit of 2009, Operation Varec leaks to the press etc  it's curious to find these high profile investigations right back where they started.


Related Articles
Hackgate - April Casburn's Conviction - Myths And Misconceptions
Hackgate - Varec Revisited - Dissent In The Ranks
Hackgate - Sue Akers' Swansong
Hackgate - "Newsdesk Here, Kelvin Speaking..."
Hackgate - Andre Baker - A Hackgate Footnote?
Hackgate - Ten To Watch For
Hackgate - Dear Surrey Police


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