Hacking Trial Live Tweets – 21 Jan

Monday 21 January 2014

Summary
	The Prosecution Case Continues
		Count 7 – Conspiracy to Pervert the Course of Justice
	Witness – DC Alan Pritchard (Operation Weeting and Sasha Detective)
		Further Prosecution questions to DC Pritchard
		Counsel for Rebekah Brooks cross examines DC Pritchard
		Counsel for Charlie Brooks cross examines DC Pritchard
		Further Prosecution questions to DC Pritchard
		Counsel for Rebekah Brooks has more cross examination for DC Pritchard
	Witness – DS Jonathan Elwell (Operation Sasha Detective)
		Prosecution Counsel questions DS Elwell
		Counsel for Charlie Brooks cross examines DS Elwell
	Witness – Sarah Ritchie (Former Police Officer Present at Search of Jubilee Barn)
		Prosecution Counsel questions Sarah Ritchie
	Witness – DC Karyn Millar (Operation Sasha Detective)
		Prosecution Counsel questions DC Millar
		Counsel for Rebekah Brooks cross examines DC Millar
		Counsel for Charlie Brooks cross examine DC Millar
		Counsel for Mark Hanna cross examines DC Millar
	Witness – DC Alan Pritchard (Operation Weeting and Sasha Detective)
		Counsel for Rebekah Brooks has more cross examination for DC Pritchard

The Prosecution Case Continues
	Count 7 – Conspiracy to Pervert the Course of Justice
		Back at the #hackingtrial for more on Count 7 – allegations of conspiracy to pervert the course of justice, against the Brooks’ and Hanna
		Defence have requested a number of witnesses from the search of the Brooks’ property: the crown helps them out by calling them
Witness – DC Alan Pritchard (Operation Weeting and Sasha Detective)
	Further Prosecution questions to DC Pritchard
		Bryant Heron calls DC Pritchard from Operation Weeting again for cross examination over search of News International premises 15/07/11
		This relates to the period before Rebekah Brooks‘ arrest, on the Friday when she resigned. Weeting team met by Simon Greenberg at NI HQ
		Police search team went to 10th Floor – offices of Rebekah Brooks. Jury have already seen plan of that area in the Cheryl Carter ‘bundle’
		The two PAs, Deborah Keegan and Cheryl Carter, had an area outside Brooks’ main office. DC Pritchard describes in more detail
		DC Pritchard confirms the search on 15/07/11 was confined to Brooks’ office, and did not include the PAs area with all her files.
		Jury are shown a list of exhibits recovered from Brooks’ office – Bryant Heron mentions an iPhone pass word, iPad computer
		From the police search form it appears there were two Apple iPads in Brooks’ sealed office the day she resigned, and a Compaq desk computer
		There was also an Apple MacBook Air with a NI tag and a Google Chrome laptop in Brooks’ office when police arrived on 15/07/11
		Police also recovered an external computer hard drive from a box on the floor in the annex storage area.
		“At the risk of being mocked” Justice Saunders intervenes: “Can you explain what a network box?” DC Pritchard explains for media streaming.
		Five memory sticks, and a three external hard drives, and another HP laptop, were also recovered by police from Rebekah Brooks‘ NI office
		Bryant Heron explains how some of these items were logged and returned to News International, and some of them kept by police.
		An IT firm, Stroz Friedman, read some of these devices, imaged them, and put them onto a database.
		DC Pritchard was also present at the search of Thames Quay, but Bryant Heron accedes to defence request to cross examine by property
	Counsel for Rebekah Brooks cross examines DC Pritchard
		Laidlaw, senior counsel for Rebekah Brooks, cross examines DC Pritchard over the search of her News International office.
		Police had advanced warning of Brooks’ resignation, and her agreement to be out of the office by mid-day, Pritchard confirms to Laidlaw
		Pritchard confirms there was security guard outside the office when police arrived late that afternoon. He knows nothing of the IT procedure
		Simon Greenberg met the police search team at Thomas More Square, and gave them consent to search it.
		DC Pritchard says he wasn’t party to any discussions about preserving the office after Brooks’ departure.
		Pritchard tells Laidlaw he should question a Weeting Senior Investigating Officer over precise arrangements for the search.
		“This is not ‘Carry on Policing’,” jests Laidlaw. Pritchard says there were two senior police managers present who spoke to NI.
		The arrangement was that computer equipment was to be sealed: some would go to MSC, some to police exhibits office, the next Monday.
		“Apart from some correspondence from the safe, what you recovered was almost entirely computer equipment,” Laidlaw asserts. Pritchard agrees
		Eighteen of the twenty exhibits seized from Brooks’ office were computer related, cross examination establishes.
		No paperwork was recovered in this initial search of Brooks’ ‘minimalist’ office, Pritchard confirms to Laidlaw.
		Pritchard recalls Cheryl Carter being present, giving access to the safe: but he didn’t inquire of the PA the whereabouts of CEO files.
		Pritchard says the police only had consent to search Brooks’ office, and not the ante-room where the PAs worked and business records kept
		Laidlaw brings up the 10th July 11 filing list adduced as part of Cheryl Carter’s case.
		There are “dozens and dozens of files” listed in the PA area, both Brooks’ personal stuff and company records
		Pritchard says he didn’t know about the packing up of Cheryl Carter’s area: police had to seek further permission from NI to investigate
		“It was literally a few yards away from you,” points out Laidlaw. Pritchard says they only had consent from Greenberg for Brooks’ office
		DC Pritchard on minimal police search of Brooks’ records: “we only had the authority and the consent to search her office” from News Int.
		We now move onto the search of Brooks’ Chelsea property on 17th July 2011: the police were met by Mr MacBride, Brooks’ solicitor
		Five DVDS were recovered at Chelsea Harbour, a Hewlett Laptop computer, a Nokia Mobile, two Apple Macs, one with NI tag.
		8 CDRs (recordable CDs), 4 thumb drives were also recovered from Chelsea Harbour. Brooks’ lawyer made several representations at scene.
		An email is read out to jury from MacBride to DC Roycroft about the items found in underground car park: “personal property”
		MacBride. “None of these items contain anything relevant to your investigation… no attempt to conceal… demonstrable… not section 18”
		Charlie Brooks lawyer wrote to Michelle Roycroft over Charlie’s bags saying they were personal items and “no grounds for arrest”
		Pritchard is now cross examined by Laidlaw, for Rebekah Brooks, about the search of her Chelsea home on Sunday July 17th 2011
		Laidlaw establishes that while Rebekah Brooks was interviewed in Lewisham, police offices search both her London and Oxfordshire residences
		Laidlaw focuses on the three computers recovered from Chelsea Harbour: and two sets of representations by lawyer McBride.
		“What McBride was saying on the Sunday… two of the three are Charlie Brooks‘ computers,” Laidlaw says. Pritchard agrees.
		“The terms of the search warrant meant that police could not take the two computers belonging to Charlie Brooks,” Laidlaw says of McBride
		DC Pritchard explains the search was a Section 18 search, under PACE and hinging on an arrest, so not a search warrant.
		The police did not think McBride’s representations had any force, so seized the computers anyway.
	Counsel for Charlie Brooks cross examines DC Pritchard
		Neil Saunders for Brooks cross examines Pritchard over a blue hard back notebook recovered from Chelsea Harbour in July 2011.
		Pritchard says the blue book had lists of potential phone hacking victims. McBride made representations about this blue book.
		McBride, the lawyer, claimed that the blue book belonging to Charlie: Pritchard says there were contents relevant to his inquiry.
		There were two names in the blue book – Lowther Pinkerton and Harverson – names connected with Weeting investigation.
		Saunders for C Brooks asserts the book was filled with articles on ‘rural affairs’
		The blue book is later returned as “not of any value to the investigation”. N Saunders also establishes contents of rubbish bin recovered.
		Rebekah Brooks torn resignation letter was recovered from the bin at Chelsea Harbour apartment.
		Saunders establishes the study at Chelsea Harbour was fairly small. Some of the thumb drives recovered from there.
		End of cross examination by Saunders for C Brooks. Bryant Heron re-examines: one of the computers alleged to be Charlie’s had NI sticker
	Further Prosecution questions to DC Pritchard
		Pritchard confirms that a number of computers were ‘imaged’ by forensic officers, then returned.
		Justice Saunders establishes the conditions of consensual search of News International: Met and NI had established ‘protocol’ over computers
		Justice Saunders establishes the need to go to a magistrate for a search warrant – not relevant to these two searches.
	Counsel for Rebekah Brooks has more cross examination for DC Pritchard
		Laidlaw for R Brooks has further questions about a later application for a search warrant.
		Three different searches established: 1/ By consent at NI 2/ Following an arrest at Chelsea Harbour and 3/ Magistrate signed search warrant
		The magistrate search warrant has to be applied for, and grounds for search made on oath, Laidlaw establishes with DC Pritchard.
		“It is essential that… a police officer provides the full picture to the magistrate,” says Laidlaw: Pritchard agrees.
		Pritchard made the application for a search warrant for Jubilee Barn in Oxfordshire, he confirms.
		Laidlaw now provides copies of the original search warrant application for Jubilee Barn, 12th March 2012. 6 months after arrest.
		Laidlaw establishes Cheryl Carter’s house was searched in November 2011, she was arrested the following January 2012
		Laidlaw corrects himself – the search of Jubilee Barn was on Tuesday 13th March 2012.
		Laidlaw asserts both Thames Quay and Brooks’ new Marylebone Office was also searched that day in March 2012.
		Jubilee Barn was searched under a Section 8 procedure, private hearing in chambers with Magistrate, not on notice to occupants of premises
		Pritchard says this is not a magistrate form he signed, or was the magistrate’s court he attended.
		Break while some documents are looked for.
		Jury told original search warrant has now been found, but not in court yet. Will delay cross examination of DS Pritchard till it arrives
Witness – DS Jonathan Elwell (Operation Sasha Detective)
	Prosecution Counsel questions DS Elwell
		Bryant Heron for the prosecution call DS Jonathan Elwell from Operation Weeting about 17th July 2011.
		DS Elwell searched Jubilee Barn in Oxfordshire, to search the Brooks’ home there.
		DS Elwell was in contact with Thomas McBride, Brooks’ solicitor from Kingsley Napley, on the drive to Oxfordshire.
		CORRECTION: Thomas Bryants not McBride. DS Elwell met Bryants at the Oxfordshire residence.
		Elwell is taken through the various areas of Jubilee Barn – stables, kitchen, and bedroom: a short 15 minute search.
		Elwell: “Property was exceptionally neat and tidy…. no electronic equipment, mobile phones… like a holiday home… minimal property”
	Counsel for Charlie Brooks cross examines DS Elwell
		Neil Saunders for C Brooks cross examines DS Elwell, who agrees substantial building work was going on at Jubilee Barn.
		Elwell confirms a wine store at the end of the barn, and rooms being built in the stables, with building materials in them.
		Elwell confirms the different premises, including where Charlie’s mother lived. He doesn’t remember the personal photographs at Jubilee Barn
		Only one thing taken in police search – a business card. A police officer left her rucksack behind. That was retrieved, and card returned.
		Elwell made two subsequent statements about the search. 13 months later he says he was told to look for “any pornographic material”
		Elwell says to N Saunders, for C Brooks, they found a pornographic DVD in one of the two upstairs bedrooms at Jubilee Gardens
		Elwell says another officer, DC Ritchie, was searching the bedside cabinet: he was present during that part of the search.
		Elwell says the DVD was a “soft pornographic” DVD – Lesbian pornography.
		This was 13 months after the initial search in July 2013: Elwell was aware of pornography from previous search, but not lesbian nature
		All these questions about DVDs and pornography come from Neil Saunders, counsel for Charlie Brooks.
		Elwell confirms that these items had no relevance to their search.
		End of cross examination of DC Elwell: no re-examination by prosecution.
Witness – Sarah Ritchie (Former Police Officer Present at Search of Jubilee Barn)
	Prosecution Counsel questions Sarah Ritchie
		Former police officer Sarah Ritchie is called by the prosecution about her recollection of the search of Jubilee Barn in Oxfordshire.
		Ritchie searched the double bedroom: she recalls a pornography magazine being found. Now she’s cross examined by N Saunders for Brooks.
		Ritchie searched the left hand bedroom – not the other with TV and DVDs. She wasn’t in same room as Elwell, despite his evidence.
		Ritchie saw porn magazine from a distance, but can’t recall who had it.
		Ritchie had a subsequent conversation about the search: she thinks “a couple of months ago” – definitely didn’t find DVD with Elwell.
Witness – DC Karyn Millar (Operation Sasha Detective)
	Prosecution Counsel questions DC Millar
		DC Karyn Millar is recalled by the prosecution about the searches of Jubilee Barn, mainly for defence cross examination.
		Millar was present at July 2011 search of Jubilee Barn, Bryant Heron wants to concentrate on 13th March 2012 search.
		The purpose of this second search was to arrest the Brooks’ on suspicion of perverting the course of justice. Rebekah opened door.
		Rebekah and Charlie were arrested on those charges 13/03/12 at their Oxfordshire home.
		Rebekah’s Blackberry mobile was seized from main bedroom: an Apple MacBook Air with NI tag identified as Charlie’s by Rebekah.
		An Apple iPad with an NI tag was identified by Rebekah Brooks as hers to police and seized. Another Blackberry belonging to Charlie as well
		Two iPods were seized from the Brooks’ living room, another two iPods from the kitchen on March 2012.
		A second Apple iPad seized from office adjacent to the gym in the Brooks’ Oxfordshire residence. Some items have been returned.
		During course of this search, R Brooks confirmed she had a London office in Marylebone and handed over keys to police officers.
		Police also conducted a search of some outbuildings – in a laundry area there boxes of A3 scanned photographs. Nothing was seized.
		In a cupboard in the laundry room of the Brooks’ home was a wardrobe – but nothing relevant to police inquiry was seized
		An Apple iPad was seized from an office adjacent to the gym area of Jubilee Barn. Two cars also searched – Subaru and Range Rover.
	Counsel for Rebekah Brooks cross examines DC Millar
		DC Milar cross examined by Laidlaw, counsel for Rebekah Brooks, over second search of 13/03/12: a coordinated operation
		The intention, Laidlaw says, was to search Jubilee Barn, Castle Barn, and the Thames Quay premises; she can’t confirm the latter.
		DC Millar says she believes that the intention was to search any premises controlled by Mrs Brooks.
		Nine officers from Weeting arrived at Oxfordshire, with two local police officers.
		DC Millar says she wasn’t part of the application for the warrant on 12/03/12 or the decision to arrive at 5 a.m.
		“So we picture the scene,” says Laidlaw: “Banging on doors. Dark. No warning to Mr and Mrs Brooks… presence of very young baby.”
		Scarlett had born six weeks earlier, prematurely, Laidlaw asserts. “We didn’t know the baby would be at the address,” says DC Millar.
		“Was there any discussion of the impact of the baby when you bang at the door at 5 am?” asks Laidlaw for Brooks. “No.”
		DC Millar wasn’t at front door and didn’t hear her express concern about nanny and the baby. She spent time with Mrs Brooks, she had baby.
		DC Millar can remember Charlie Brooks being concerned about the impact of search on 81 year old mother. He was allowed to make phone call,
		Laidlaw says Rebekah Brooks put on Sky News and referred to police leaks and publicity. DC Millar can’t remember this. Coverage began 6 am
		DC Millar says this is the first time she’s ever heard Rebekah Brooks allegations police must have leaked the dawn raid to press and TV
		DC Millar agrees Rebekah Brooks was helpful during the search.
		DC Millar discovered later that one of the items seized during that March 2012 search had been seized in previous search the year before
		DC Millar confirms the Rebekah Brooks gave the location of her Marylebone office, as well as the keys.
		DC Millar has no recollection that Thames Quay was let to tenants, but does know it wasn’t searched.
	Counsel for Charlie Brooks cross examine DC Millar
		Neil Saunders, counsel for Charlie Brooks, goes back to the July 2011 of Jubilee Barn: the only item recovered was a business card
		Saunders, for C Brooks, establishes the business card was found in bedside cupboard. DC Millar was the exhibits officer and noted card.
		DC Millar returned the business card when DS Elwell was “satisfied it wasn’t relevant”.
	Counsel for Mark Hanna cross examines DC Millar
		Penny for Hanna, cross examines DC Millar over the search of the compactor at Chelsea Quay and conversation with manager Ramsay.
		Penny for Hanna is going into some detail about the black bin bags, recovered from compactor, and promptly sent for fingerprints and DNA
		Penny for Hanna quizzes Millar on an email from forensic expert about swabbing the cellotape on black bin bags.
		Duncan Penny for Hanna is honing in again on the number of bin bags recovered from compactor: two became three.
		Duncan Penny establishes that the police were still confused about separation of 3 binbags a year later, and called round table meeting.
		DC Millar says they needed meeting to compile the graphic package for the court.
		Penny for Hanna: “You had all these police officers sitting around, significant resources of the Metropolitan police?” DC Millar “Not really”
		Justice Saunders intervenes at close of Penny questioning: “Stunned into silence… this questioning will become clearer in good time.”
Witness – DC Alan Pritchard (Operation Weeting and Sasha Detective)
	Counsel for Rebekah Brooks has more cross examination for DC Pritchard
		DC Pritchard is cross examined again by Laidlaw on the application for the search warrant on the 12/03/12
		DC Pritchard now has a copy of his signed version of the application for the search warrant: the schedule still missing, needed tomorrow.
		Laidlaw for R Brooks reads out details for the warrant, made at Westminster magistrate’s court.
		The ‘all premises warrant’ was signed by DC Pritchard for Jubilee Barn, Castle Barn, Thames Quay and Marylebone
		DS Pritchard swore on oath on the warrant that he believed an indictable offence could be committed, and evidence not excluded.
		Laidlaw explains to the jury how privileged legal LLP material is dealt with during police searches.
		DS Pritchard explains how journalistic material also attracts privilege – it needs to be held confidentially because of exposure of sources
		The Brooks Police warrant from 2012 describes four Blackberry phones they were looking for.
		Laidlaw points out that DC Pritchard swore 1/ It wasn’t practicable to communicate before 4/ Search may be compromised with immediate entry
		Laidlaw asks DC Pritchard to “think carefully about this question: did you add anything orally to this application?” to Magistrate Wycombe
		DC Pritchard says he has no recollection of adding orally, but anything added should have been noted by the magistrate.
		DC Pritchard said he drew up the warrant, but – from recollection – Inspector McCallum gave the instruction for it. He consulted with others
		DC Pritchard agrees it’s important to give the “full picture” to Magistrate for the search warrant.
		Court breaks till 10 am tomorrow.
		The court will be sitting this afternoon without a jury for legal argument.

Note: All the defendants deny all the charges. The trial continues.

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Survey Results and my use of ‘BREAKING’ on tweets

Previous Posts
Hacking Trial Live Tweets – 14 Jan
Hacking Trial Live Tweets – 15 Jan
Hacking Trial Live Tweets – 20 Jan

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