The IPCC and Surrey's "Collective Amnesia"

Published in late April '13, the Independent Police Complaints Commision (IPCC) Commissioner’s Report entitled 'IPCC independent investigation into Surrey Police’s knowledge of the alleged illegal accessing of Amanda (Milly) Dowler’s mobile phone in 2002' runs to just 6 scathing pages.  Its key observation is that

former senior officers at Surrey Police were 'afflicted by a form of collective amnesia' in relation to the force’s failure to investigate an allegation in 2002 that the voicemail of Amanda (Milly) Dowler had been hacked by the News of the World (NOTW).

The relevant documents in the public domain consist of a letter from Surrey Police to the Culture, Media and Sport Select Committee (CMS) on Surrey's own investigation (Operation Baronet), evidence read-in to the Leveson Inquiry from the Metropolitan Police Service (MET), as well as that IPCC Commissioner's Report.  The latter specifically focused on the referrals of Maria Woodall and Craig Denholm for potential recordable conduct.

MARIA WOODALL

Then: In 2002, Maria Woodall was Detective Sergeant and Action Team Manager of Surrey Police's investigation Operation Ruby into the abduction of missing teenager Millie Dowler. She appears to have been frank with the IPCC that the hacking of Millie's mobile phone by NOTW was known by several on the investigation team - for example, DC John Lyndon's 23rd April '02 log entry (p14)

...in light of the News of the World revelation that they or a third party has accessed the voicemail it is possible that the messages had previously been listened to by unknown persons and deleted.

Millie's mother Sally recounted to the Leveson Inquiry (p14) her own suspicions that NOTW had intercepted family phones to get a particularly intrusive story for publication ('The Longest Walk').

Woodall's referral to the IPCC  however was not about 2002. She was investigated for allegedly failing to pass on knowledge of NOTW's hacking later during the investigation which led to the convictions of Clive Goodman and Glenn Mulcaire (p4):  

The case against her rested on her actions and knowledge in 2007, when the first phone hacking convictions took place. It is clear that at that point she accessed the HOLMES system to view documents from 2002 associated with phone hacking.

Though the IPCC investigation "concluded that there was no case to answer for misconduct."  From 2006, Operation Ruby's Senior Investigating Officer (SIO) was Detective Chief Superintendent Mark Rowley. It is not known if Woodall informed him of her HOLMES searches.

Now: Temporary Detective Superintendent Woodall is about to leave Surrey for a new job with the City of London Police.

STUART GIBSON

Then: Detective Chief Inspector Gibson was the initial appointed Senior Investigating Officer (SIO) when Millie Dowler disappeared in March 2002.  It has been alleged that Gibson was one of the Surrey officers who met with NOTW senior journalists and were told of the hacking. (here)

Documented evidence of his meeting(s) with NOTW are missing.  Within a few weeks, Gibson was removed from Operation Ruby. The conclusions from a progress review by Sussex Police undertaken in the summer of 2002 are here.

At the same time, there was adverse criticism from the press - one "describing the investigation under DCI Gibson as 'rudderless' and this media coverage has since been described by (then Deputy Chief Constable) Peter Fahy as 'a factor in replacing the SIO for [the investigation]".  (p9)

Now: Stuart Gibson is retired.

The IPCC Investigation also states that amongst senior officers interviewed were those at Association of Chief Police Officers (ACPO) level.

CRAIG DENHOLM  (ACPO level)

Surrey Police's evidence to the CMS Committee and the Leveson Inquiry came from Assistant Chief Constable Jerry Kirkby. Normally, both might have warranted the attention of the force Chief Constable.  However, Surrey's Chief Constable Mark Rowley had just left for a new post with the MET and Temporary Chief Constable Craig Denholm was himself implicated as the focus of Operation Baronet.

Then: In 2002, Detective Chief Superintendent Denholm (Head of Crime) was Overall Officer in Charge (OOC) of Operation Ruby - the immediate superior officer to SIO Stuart Gibson.

The case against Denholm "rested on his claim to have had no knowledge about the alleged hacking of Milly Dowler’s phone before this was revealed publicly in 2011. Given the extent of knowledge within the investigation team, and Surrey Police as a whole, and the fact that this was referred to in documents which he is known to have received, the investigation found it hard to understand how he, the officer in charge, could not have been aware of the alleged hacking. But despite detailed examination of all extant documents and interviews with all relevant witnesses, the investigation was unable to find any witness or documentary evidence that contradicted Mr Denholm’s own repeated assertions to the IPCC that he did not know, and had not made the relevant connections. In view of that...there was insufficient evidence to support a finding of a case to answer for gross misconduct."

Now: Denholm has just been appointed Deputy Chief Constable of Hampshire Police. Its Chief Constable Andy Marsh said: "Craig is an experienced and very capable DCC with a good track record of leadership and delivery of excellent policing services to the public."

MARK ROWLEY (ACPO level)

Then: Rowley joined Surrey in 2002 as Chief Superintendent to command West Surrey Basic Command Unit.  Previously (Guardian)

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' 

Rowley became Surrey Assistant Chief Constable from November 2003 and assumed the role of OOC for Operation Ruby in 2006.  He was appointed Chief Constable in 2009. Following the conviction of Levi Bellfield in 2011 for Millie Dowler's murder, Rowley iniated Operation Baronet under AC Jerry Kirkby.

Now:  Rowley is Assistant Commissioner at the MET. For some time he was direct superior officer of DAC Sue Akers command of Operations Weeting, Elveden and Tuleta.  Responsibility for these investigations was subsequently transferred to AC Cressida Dick.


PETER FAHY  (ACPO level)

Then: Throughout 2002, Fahy was Deputy Chief Constable of Surrey Police under Chief Constable Denis O'Connor. Fahy left Surrey in Dec '02 to become Chief Constable of Cheshire Police.

Now: Knighted in 2012, Sir Peter Fahy is currently Chief Constable of Greater Manchester Police.

DENIS O'CONNOR  (ACPO level)

Then: In 2002, O'Connor was Chief Constable of Surrey Police. In all available evidence, O'Connor has been very keen to distance himself from the NOTW phone hacking in 2002.  Instead, he has consistently emphasized his heavy reliance on Peter Fahy's responsibility to have informed him:

You will understand that as a discipline authority, not everything reaches the Chief Constable, who must sit in judgment of things. So I may have been partially safe from it, but I would have expected and, you know,my sort of --my concern with the mission of policing and its credibility, that people would have drawn -- my senior staff, my professional standards department -- if there was anything significant, they would have told me... Particularly my Deputy Chief Constable at the present (sic) time, Peter Fahy, I had absolute faith in his integrity. I thought he would make the right judgments

Lord Justice Leveson did however challenge O'Connor on this strategy of continuing, unsighted insulation (pp 98-100).  His witness statement added (1st witness statement, p7):

I am not fully sighted on the details of the alleged contact between the News of the World and my staff during the Amanda Dowler investigation (I have deliberately limited my contact with Surrey Police pending current investigations) so cannot comment on the specifics of this issue.

Now:  Knighted in 2010, Sir Denis O'Connor is currently Her Majesty’s Chief Inspector of Constabulary.

And STILL there are inconsistencies emerging on the hacking of Millie Dowler. Note the investigation of Maria Woodall "rested on her actions and knowledge in 2007, when the first phone hacking convictions took place. It is clear that at that point she accessed the HOLMES system to view documents from 2002 associated with phone hacking."

Yet it is debatable just how much documentation was on the second generation HOLMES (Home Office Large Major Enquiry System) in 2002... or even in 2007. The - redacted - Sussex Review of September 2002 made Operational Recommendations:

Recommendation 56
That Surrey Police in general ensure that sufficient analysts are trained on the HOLMES 2 system.
Recommendation 57
That Surrey Police formulate an appropriate policy regarding the typing of at least the most significant 'other documents' onto HOLMES 2 during any enquiry.

Were those Sussex Police recommendations ignored? Or if significant 2002 Dowler phone hacking documents were in the HOLMES system, were they still there when Woodall looked in 2007? Had some disappeared by the time of the 2012 Operation Baronet?  Given that one of the aims of HOLMES is to facilitate crucial information access across force boundaries, was cross-force access to HOLMES 2002 documents volunteered by Surrey to Operation Caryatid (the MET 2005-6 investigation into Goodman and Mulcaire)? If not, why not?  Alternatively - following the high profile convictions of Goodman and Mulcaire in 2007 - Woodall may have tried to access cross-force MET HOLMES databases on NOTW phone hacking.

There were none. The MET did not enter details of the key Mulcaire Archive into HOLMES during the Operation Caryatid investigation in 2005. Or 2006. Or post-conviction in 2007.  It was only in July 2009, following intense criticism, that the MET's John Yates ordered the phone hacking data entry into HOLMES to enable victim notification. It was costly, protracted, and poorly executed.

The IPCC confirms "widespread knowledge uncovered in this investigation, we consider that it is scarcely credible that no one connected to the Milly Dowler investigation recognised the relevance and importance of the knowledge that Surrey Police had in 2002...There is no doubt, from our investigation and the evidence gathered by Operation Baronet, that Surrey Police knew in 2002 of the allegation that Milly Dowler’s phone had been hacked by the News of the World. It is apparent from the evidence that there was knowledge of this at all levels within the investigation team  ...former senior officers in particular appear to have been afflicted by a form of collective amnesia about this"

All this is highly reminiscent of the (contagious?) 'omerta' culture at the News of the World. Surrey Police seem to have demonstrated the self-same collective amnesia and willful blindness of NOTW senior executives, the plausible deniability of Andy Coulson, the trusting reliance on subordinates of Rupert Murdoch, the inability to read a log/email chain of James Murdoch, the document preservation abilities of News International's Datapool 3 team, and the reputational management skills of Colin Myler.

To date, six have been charged with conspiracy to intercept the voicemail messages of Millie Dowler in April 2002 - Rebekah Brooks, Andrew Coulson, Stuart Kuttner, Greg Miskiw, Neville Thurlbeck and Glenn Mulcaire.  Unless all six defendants plead guilty, these charges will have to be defended in open court. So there is much more evidence yet to emerge on the Dowler hacking, including the potential for former senior officers of Surrey Police being called as prosecution witnesses.

The short IPCC Commissioner's Report is a much-truncated and redacted version. The full IPCC formal Investigation Report "contains full details of the evidence supporting the findings and conclusions and the report into this case is not being published at this time at the request of the Crown Prosecution Service, in view of ongoing criminal proceedings."

This sorry Surrey saga is not over yet.


Related Articles
Hackgate - Springwatch
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

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

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