Hacking Trial Live Tweets – 23 Jan

Thursday 23 January 2014

Summary
	The Prosecution Case Continues
		The Prosecution Case is Drawing to a Close
		The Judge, Mr Justice Saunders, instructs the Jury
	Witness – Superintendent Mark Mitchell (Senior Investigating Officer Operation Kilo)
		Prosecution Counsel questions Superintendent Mitchell
		Counsel for Charlie Brooks cross examines Superintendent Mitchell
		Further Prosecution questions to Superintendent Mitchell
	Witness – DC Nunn (Operation Kilo detective)
		Prosecution Counsel questions DC Nunn
		Counsel for Charlie Brooks cross examines DC Nunn
		The Judge Mr Justice Saunders directs the Jury
	Witness – Tajvinder Singh Atwal (Forensic Computer Analyst Metropolitan Police Laboratory)
		Prosecution Counsel questions Tajvinder Singh Atwal
		Counsel for Charlie Brooks cross examines Tajvinder Singh Atwal
		Counsel for Rebekah Brooks cross examines Tajvinder Singh Atwal
	Witness – DS Hayley Broom (Operation Sasha Detective)
		Prosecution Counsel questions DS Hayley Broom
		Counsel for Rebekah Brooks cross examines DS Hayley Broom
		Counsel for Charlie Brooks cross examines DS Hayley Broom
		Counsel for Rebekah Brooks cross examines DS Broom
		Further Prosecution questions to DS Broom

The Prosecution Case Continues
	The Prosecution Case is Drawing to a Close
		Heading back to the #hackingtrial on a week dominated by detail on file lists, cell sites and electronic devices
		As the prosecution case comes to a close, the #hackingtrial has been interrupted by lots of legal argument – only reportable after the trial
		Next week, however, the prosecution return to count one – conspiracy to phone hack – and it looks like a gripping week.
		Then the defence cases begin, with defendants who testify open to cross examination: often the most dramatic phase of any trial
		In short, the drama at the #hackingtrial hasn’t really begun. Help immediate live independent coverage till the end http://www.indiegogo.com/projects/live-tweeting-the-hacking-trial-till-the-verdict/
	The Judge, Mr Justice Saunders, instructs the Jury
		Saunders explains to the jury about “the evidence they are about to hear” – leaks to the Press from Operation Weeting
		This, Saunders explains, is only relevant to “what Charlie Brooks knew on July 17th 2011″ and has been requested by Saunders QC for Brooks
Witness – Superintendent Mark Mitchell (Senior Investigating Officer Operation Kilo)
	Prosecution Counsel questions Superintendent Mitchell
		So prosecution call Superintendent Mark Mitchell from MPS anti corruption department. Edis for the crown explains about court acoustics.
		Mitchell was in charge of Operation Kilo into leaks from Operation Weeting to the press: op started with a letter from Coulson’s solicitors
		BREAKING: complaint by Coulson’s solicitors about leak of his arrest to the Guardian led to police anti corruption operation Kilo
		The letter from Coulson’s solicitor’s to Supt Ponting at Op Weeting named Guardian journalist Amelia Hill as recipient of leaks
		The letter was handed to anti corruption in August 2011: 2nd August Operation Kilo began, says
		Mitchell the SIO
		Mitchell discovered the source of the leaks, arrested DC Peter Cripps
		A charging file for Amelia Hill and DC Cripps was sent to the CPS who decided it wasn’t in the public interest to prosecute
		“There was no evidence of financial inducement,” says Supt Mitchell: “and that was why the CPS decided not to prosecute”
		Mitchell discovered telephone evidence around key moments in the Weeting investigation of contact between Hill and DC Cripps.
		DC Cripps was the interview strategy advisor for Operation Weeting, so he was well placed to know the schedule of arrests.
		Supt Mitchell from anti corruption says “DC Cripps was informing Amelia Hill about when arrests would take place.. and things like bail”
		Supt Mitchell says the information passed to Guardian was essentially about arrests and bail conditions – nothing else.
		Supt Mitchell explains his operation was covert in August, and to the best of his knowledge there had been no other leaks to public domain
		Other than the stories the Guardian were carrying, there was nothing else in the public domain, says Supt Mitchell
	Counsel for Charlie Brooks cross examines Superintendent Mitchell
		Neil Saunders QC for Charlie Brooks has drawn up a schedule of the leaks with the police. But another officer drew that up.
		“There was more than just names being mentioned in the Guardian,” says Saunders QC. Mitchell says he’s discussed what was revealed.
		Saunders QC goes through the role of anti-corruption, and suggests that Supt Ponting had decided it was already a policeman.
		Mitchell disagrees with Saunders QC: our job is to prove or disprove.
		Saunders QC reads out a Weeting statement about the leaks in 2011, which claimed they attempted to undermine the inquiry.
		Statement concerned with “significant leaks of selective information”: Mitchell says he became of statement around beginning Operation Kilo
	Further Prosecution questions to Superintendent Mitchell
		Edis re-examination: Supt Mitchell says he had nothing to do with that statement.
Witness – DC Nunn (Operation Kilo detective)
	Prosecution Counsel questions DC Nunn
		DC Nunn was the case officer for Operation Kilo: he’s been asked to consider a schedule prepared by Charles Brooks’ counsel
	Counsel for Charlie Brooks cross examines DC Nunn
		Saunders QC for Brooks hands over a schedule of the leaks from DC Cripps to Amelia Hill for the jury.
		Dates on Operation Kilo: Coulson arrested on the 08/07/11. Letter from his solicitors to police 11/07/11. Operation Kilo starts 01/08/11
		Neil Saunders is counsel for Charlie Brooks (not the judge): he goes through a timeline of texts, calls and relevant tweets on Kilo evidence
		On N Saunders schedule: Thurlbeck arrested on 5th April: DC Cripps (since retired) sends text to Hill. She replies. Another NOTW arrest.
		The second NOTW arrest is followed by a series of texts and two phone calls: an article in Guaridan April names Thurlbeck and second journo
		DC Nunn says the police never give names of people going to be arrested: there was additional info on police station and searches in leaks
		More text messages from former DC Cripps show Amelia Hill tweeting confirmation by Scotland Yard of her Guardian article.
		Amelia Hill tweets the following day in April 2011 that the desks of two NOTW journalists were being searched.
		There are texts between Cripps and Hill on the arrest of James Weatherup. A phone call. Amelia Hill tweets about arrest.
		Neil Saunders goes through the usual police press release protocol: they only give age – not name or if there are searches.
		More texts and phone calls between Hill and Cripps when Weatherup bailed, and a tweet from Hill “Stick with me: more arrests to come”
		Hill then reports how NOTW had removed all the evidence of Weatherup’s desk beforehand.
		Amelia Hill and Dan Sabbagh article about how NOTW clear Weatherup cleared his desk before police arrived. Bagged up everything.
		DC Nunn cannot say whether the bagging up of Weatherup’s desk came from Cripps.
		Justice Saunders intervenes to tell Neil Saunders, for Brooks, that the DC can’t say the desk bagging came only from Cripps.
		After a series of texts, the arrest of another NOTW female reporter written by Guardian.
		26/06/11 unnamed woman arrested cited in Guardian. James Robinson writes about release of Laura Elstone in Guardian.
		DC Nunn explains Laura Elstone’s name could have easily been worked out by her age and gender.
		“Within field of media and journalism… it wouldn’t be hard to anyone to work this out,” says DC Nunn of naming of arrested journalists.
		DC Nunn agrees with Justice Saunders that not all of this would have come from MPS leaks.
		Neil Saunders goes onto the Milly Dowler story: 3rd July texts between DC Cripps and Amelia Hill. DC Swift statement over Dowler
		DC Swift statement on 20/09/11 says he remembers speaking to DC Cripps about the discovery of Milly Dowler hacking
		04/07/11 Nick Davie and Amelia Hill article breaks Milly Dowler story: DC Nunn says no official press release.
		BREAKING: Rebekah Brooks asked Times Editor James Harding to ask Crime Correspondent Sean O’Neil source for Milly Dowler story 05/07/11
		7th July – 17 text messages from Amelia Hill to DC Cripps. Two phone calls. 19.42 Guardian breaks “Andy Coulson to be arrested”
		Amelia Hill article says the Coulson was asked to attend the police station: dates shifted from 7th to 8th July
		Neil Saunders reads Hill article saying the Weeting arrests are being brought forward because of leaks. Clive Goodman then arrested
		Neil Saunders, for Charlie Brooks, has entries for Amelia Hill’s contact with other Guardian journalists.
		Phone calls between Hill and anonymised phone and another Guardian article by another journalist names Clive Goodman.
		11/07/11 Police statement about disruptive leaks from Weeting. Coulson’s solicitor writes to police complaining about details leaked.
		14/07/11 and the arrest of Neil Wallis shows similar traffic between Cripps and Hill and then from Hill to anonymised phone.
	The Judge Mr Justice Saunders directs the Jury
		Jury asked to leave for a moment by Justice Saunders.
		Back at #hackingtrial after a break: brief non reportable legal argument
		Justice Saunders gives the jury some legal direction; “the facts of a newspaper articles… do not go to the truth. Rely on other evidence”
		18/07/11 “Two amazing phone hacking exclusives” tweets Hill: lots of contact with DC Cripps and then Charlie Brooks Bag story appears.
		The Amelia Hill article from 18/07/11 sets out the details of the car park bags before any other paper. Police confirms details correct.
		More texts on 21/07/11 dozens of texts between Hill and Cripps: Guardian article talks about iPad and asking C Brooks’ for his passwords
		Final page of Neil Saunders, counsel for Charlie Brooks, schedule details arrests and interviews of Amelia Hill and DC Cripps.
		CPS statement says insufficient evidence for charging Hill and Cripps, partly because no evidence of payment.
Witness – Tajvinder Singh Atwal (Forensic Computer Analyst Metropolitan Police Laboratory)
	Prosecution Counsel questions Tajvinder Singh Atwal
		Edis for the Crown now explains how we’re now going to examine the computer evidence. Bryant Heron calls Singh Atwal.
		Atwal is a forensic computer analyst at the Metropolitan police lab. A schedule is handed over to jury. Neil Saunders for Brooks requested.
		This schedule explains where computers have been recovered from.
		26/11/12 Statement by Atwal, computer forensic expert. He started as a DNA analyst, then data capture, last 3 years with Met.
		Atwal was initially asked to look at (exhibit labels given): a sony laptop, apple laptop, and ipad found in Thames Quay in July 2011
		Atwal also asked to look at articles recovered from Jubilee Barn: an iPad, MacBook Air found in master bedroom, ipad from gym office
		Bryant Heron for the crown goes slowly through the computer forensic discoveries. Atwal explains the ‘device name’
		Atwal explains that users enter a computer ‘device name’ – anything they like.
		The MacBook Air was called “Rebakah’s (sic) MacBook” the iPad “Rebekah’s Ipad” the gym iPad called “Charlie’s iPad”
		Met computer expert Atwal now explains different “user accounts” on computer devices.
		On the computers seized from Thames Quay – the user account on Sony was ‘Charlie’ – no other standard user accounts
		On the Apple Laptop seized was “localad”(local admin) account and a “Rebekah” account.
		On the MacBook Air seized on 13/03/12 from Jubilee Barn; it had three user accounts ‘Pcadmin’ ‘Rebekah’ and “TMadmin’
		Atwal explains that the Apple mobile devices only allow one individual user: the iPad in Thames Quay had a history of two apple ids
		There was no Apple ID recorded on ipad recovered from Jubilee Barn bedroom says Atwal, Met computer forensic expert.
		Atwal explains why the same device has two exhibit numbers: Met capture all the accessible data which is verified. Freezing it in time
		So the Met have two different images for the iPad for both times it was seized in 2011 and 2012
		Atwal has accessed how often different user accounts used: the Apple laptop from Thames Quay
		“Computers love to record information about their usage,” explains Atwal: account of Apple Laptop created July 2009, last used one day later
		That was the admin account for Apple Macbook: Brooks account first created July 2009 last used 10/07/11
		MacBook Air from Jubilee Barn: Rebekah Brooks account created in 11th November 2011: files processed until the date it was seized 13/03/12
		Further examination of Sony Vaio showed it had an aol account in the name of Charlie Brooks
		Apple Laptop from Thames Quay had an email account for Charlie Brooks.
		Charlie Brooks also had a news international account as well as his aol account, it seems from computer forensic evidence at #hackingtrial
		The re-imagined iPad had the two original Charlie Brooks accounts, and a new one at themorigan dot com
		Atwal has produced a timeline of the use of the devices referred to around the time Brooks’ arrest in July 2011.
		Jury shown a graph of computer usage starting 15/07/11 shows MAC addresses, Wifi connections, ip connections, email and file creation
		Three devices tracked from the day of Brooks’ resignation: the ipad from carpark shows an 8:48 network connection, 2 hrs file connection
		Atwal says “this is solely computers doing what they love doing, talking to each other” of the router connection the morning of resignation
		Atwal created a schedule of any files accessed, created or modified: 37 emails were downloaded to the iPad that morning.
		Atwal explains that some iPad data suggests a screen shot was taken of the device that morning
		Around 11.28 on the 15/07/11 the apple iPad in Jubilee Barn shows router connection and then wifi internet connection.
		Edis explains we’ll be looking at the location of the Brooks’s electronic devices at a later stage.
		No recorded activity for Sunday 17th July 2011: but a computer start up on the Monday shortly after it was found on the Monday by cleaner
		A number of files show the MacBook had been switched on around 11 am the morning it was found by bins in Thames Quay
		Atwal goes through the computers start up regime: two incorrect passwords entered. The computer put into sleep
		Bryant Heron puts computer evidence in the context of Mr Nascimento’s recovery of the computers at Thames Quay on 18/07/11
		Bryant Heron for the crown goes to a second Singh Atwal statement from 12/06/13: content of computers
		Atwal has analysed the contents of two laptops and iPad discovered in Thames Quay, and replicated contents on a CD.
		The CD’s contained “all the files I relied upon,” says Atwal, computer forensics officer. The actual contents inspected by Weeting officers
	Counsel for Charlie Brooks cross examines Tajvinder Singh Atwal
		Neil Saunders, counsel for Brooks, cross examines Atwal on three computers recovered from Thames Quay.
		N Saunders asks Atwal if the Sony Vaio looked ‘broken’: he says he never saw the physical computer, only the data.
		The Sony Vaio had an operating system from 2004, says Neil Saunders. Atwal cannot confirm the battery didn’t work.
		Met Computer expert explains two batteries: a mini battery for the clock. The date on the Vaio had reset to manufacture, so had run out
		The last activity for the Vaio, Neil Saunders for Charlie Brooks asserts, is 12/10/10: Atwal explains a shortcut suggest 08/10/10
		But going to the index, the last time the Vaio was turned on was 12/10/10 confirms computer expert. In 2009 only used 10 times.
		Main browser use for the Sony Vaio is 2004-5. Outlook email use 2007.
		Atwal confirms that “Miriam’ seemed to have an email address on this computer around 2007: there are 1,900 document files on Vaio
		Most files are wps files from 2005; Microsoft Office Works. Apparently chapters from a book on Sony Vaio
		‘Citizen Two’ was apparently the book being composed on this Sony Vaio around 07/04/08 and more entries for that year.
		Atwal has composed a report on the emails from the Sony Laptop recovered from Chelsea Harbour: 2,507 emails on it.
		Now we look at the Apple MacBook with two user accounts “Rebekah” and “localad” (the latter just an admin account common in companies)
		The clock on the Apple laptop was four minutes fast says computer expert Atwal, even when adjusted for British summertime
		The Apple Laptop last successfully accessed on the 10th July 2011 modify an article on Frankie Dettori: a week before R Brooks’ arrest.
		Justice Saunders asks Neil Saunders: “Does any of this matter? … make sure what is being considered is actually relevant.”
		“You do what you need to do,” says Justice Saunders to N Saunders of questioning. Break till 2pm
		Third of the way through #hackingtrial crowdfunding campaign: nearly 3/4s funded. Help me stop spamming for support http://www.indiegogo.com/projects/live-tweeting-the-hacking-trial-till-the-verdict/x/5292122 …
		Back at #hackingtrial with Tajvinder Singh Atwal computer forensic expert from the MPS. Neil Saunders going through files
		Royal Ascot and Warren Jackson, Pudicot Partnership, Peasants in Winter – are just some of the files recovered from Brooks’ laptop
		There was only a single user account for CEBBrooks at aol for this computer, Neil Saunders, for Charlie Brooks, establishes.
		The user account is ‘Rebekah’ but most the email seems to be for Charlie on this computer.
		Atwal tells the jury there were 4,260 messages reported on the CEB Brooks aol dot com account, with 8,882 email files (includes trash)
		There were 1,435 email attachments on this C Brooks email account.
		Neil Saunders asks whether the attempt to open the computer accessed the Frankie Dettori Telegraph article on 18/07/11
		We now move onto the contents of the Apple iPad recovered from Chelsea Harbour, as N Saunders for C Brooks, cross examines Atwal
		Atwal made an optical disk of relevant files from the iPad.
		The second time the iPad was seized, it had changed its name from ‘iPad’ to ‘Charlies iPad’, Atwal MPS computer forensic expert confirms
		On this iPad there are two Apple User IDs – one for Rebekah’s news international account, another for ‘Melville’
		Apps include ‘Kick Off’ “Racing Post’ ‘Racing UK’ ‘Angry Birds’ “Paddy Power’ ‘BBC and Sky apps
		The purchase date for these iPad aps were mainly 2010/11
		From the Apple Runtime record it appears the apps were used throughout 2010/11 “I hope the user got better at angry Birds,” notes Saunders
		Last update for the iPad is the Saturday before Brooks’ arrest: five contact updates for Will Geddes and Simon Greenberg.
		Neil Saunders goes through the Safari browser history – the Sun, Racing Post, Recipes, Champions League, Peter Scudamore, Houses fro Sale
		“Racing seems to be the theme going through the whole of that browser,’ asserts Neil Saunders, counsel for Charlie Brooks, of recovered ipad
		Atwal confirms Charlie Brooks News International account seems to have been downloaded twice, last time 15 July 2011. Aol five times.
		Atwal gives the cumulative total for emails on the iPad recovered from Chelsea Harbour: 441 emails
		37 emails and attachments downloaded onto ‘Charlie’s iPad’ on 15th July 2011. By default, iPad’s will automatically update with internet
		In copying data to optical disk, Atwal has reproduced the iPad’s index of emails. Neil Saunders asks computer expert to look at edited copy
		Neil Saunders says this is a redacted version of master file, removing the email addresses. Atwal hasn’t checked in detail but thinks so
		Atwal explains the emails are arrayed in the form the computer stored them: he then entered into an excel spreadsheet.
		Neil Saunders has listed the database of over 500 emails alphabetically. There are 44 entries of emails FROM ‘Rebekah Brooks‘
		Cheryl Carter also sends Charlie Brooks a number of emails on this iPad.
	Counsel for Rebekah Brooks cross examines Tajvinder Singh Atwal
		Laidlaw for Rebekah Brooks: “I will set out her case in regard to these devices” he tells the jury.
		Brooks case is that the Apple Laptop and Apple iPad from underground car park were News International devices, but not used by her.
		Laildlaw for Rebekah Brooks establishes the Vaio had a user account name ‘Charlie’, and two email accounts not related to her.
		There are asset tags for News International on both the apple devices. The admin address suggests corporate set up on the Macbook.
		“It’s the most difficult question we get as computer experts, who used the computer at a particular time,” says computer expert Atwal.
		Atwal confirms that though the iPad Apple User ID is for R Brooks at News Int, the email account is not for her.
		Laidlaw takes us to a new device – the Apple MacBook Air recovered in March 2012 from Jubilee Barn.
		Again, this seems to be a corporate computer with two admin accounts, the MacBook Air has two email accounts for R Brooks
		Laidlaw shows again the chart showing computer usage for the weekend of Brooks’ arrest. Atwal can’t confirm this is the ipad being set up
		Laidlaw for Brooks maintains these were two Apple devices issued to her by News International AFTER her resignation as CO
Witness – DS Hayley Broom (Operation Sasha Detective)
	Prosecution Counsel questions DS Hayley Broom
		Bryant Heron for the prosecution calls DS Hayley Broom: with particular responsibility for Operation Sacha – Counts 6 and 7
		DS Broom was responsible for viewing the material inside the bags at Chelsea Harbour. Atwal’s team get the image and do the analysis
		Sony Vaio laptop DS Broom concluded was used by Charles Brooks.
		Photos of a holiday in Corfu with Rupert Murdoch were found on Apple MacBook. Camera prank footage and C Brooks novel also on computer
		DS Broom concluded the Apple MacBook was predominantly used by Charles Brooks. But also a News International Budget 22/03/10
		“Leverage size and scale… market dominance” mentioned as part of 2010 three year plan for News International.
	Counsel for Rebekah Brooks cross examines DS Hayley Broom
		Laidlaw for Brooks gives the title of four docs: include draft speech, draft for James Murdoch and stock calculation for R Brooks.
		“I’d rather try to preserve the rules of confidentiality,” says Laidlaw of these four files.
		Five minutes break.
		Jury back in at #hackingtrial: we continue to look at four NI related documents recovered from Apple MacBook.
		RB final draft speech about John Terry and Piers Morgan briefly seen by jury.
		3rd Draft Editorial about New Labour failing on Law and Order and on schools. For APPROVAL JRM.
		BREAKING: Rebekah Brooks‘ Labour’s Lost it editorial for draft approval by James Murdoch shown to #hackingtrial jury
		Fourth document not shown to jury is about R Brooks stock options recovered from Apple MacBook seized by police in Chelsea Harbour
		The third device recovered in Chelsea Harbour, an iPad, was password protected.
		DS Broom was also present at the second search of Brooks’s premises on 13th March 2012
	Counsel for Charlie Brooks cross examines DS Hayley Broom
		Saunders for Charlie Brooks, cross examines DS Broom: she was told these were all Charlie’s devices and nothing to do with Rebekah.
		As Neil Saunders for C Brooks makes clear, the jury have already seen the letter from the solicitor’s asserting his ownership.
		7,538 email files DS Broom estimates were on the Sony Vaio. 1000 or so Microsoft docs. 6000 plus other docs.
		Saunders for Charlie Brooks asks if 25 images of female nudity – breasts, genitalia, masturbation were found on the Viao. DS Broom confirms
		Saunders for C Brooks gets DS Broom to confirm the images on the Viao similar nature to lesbian soft porn DVDs found in brown bag
		“When you think you drop your voice,” says Justice Saunders to DS Broom: “Can you think more loudly?” DS Broom laughs and says she will
		On the MacBook, DS Broom confirms, there were over 8,000 emails: there were no emails sent solely to Rebekah Brooks or from her.
		Neil Saunders goes through the four NI docs: 3 year plan March 2010, RB speech he suggests for Women in Communication and Ad 23rd Feb 2010
		Of the “draft editorial for approval JRM”, DS Broom cannot date. Saunders says for September 2009 Party Conference: Labour’s Lost It
		Saunders confirms the JRM approval document is the ‘Labour’s Lost It’ Sun front page editorial from September 2009
	Counsel for Rebekah Brooks cross examines DS Broom
		Laidlaw for R Brooks cross examines DS Broom about ‘disproving’ they were Charlie’s
		“Why are you setting out to disprove a likely device, rather than approaching with an open mind,” ask Laidlaw.
		“You don’t have a particular agenda do you?” asks Laidlaw: “Why don’t you just see where the evidence gets you?”
		“It is indicative of you not having an open mind,” says Laidlaw to DS broom. “I was particularly interested in finding items related to R B”
		On the two News Internationally tagged devices, D S Broom says that she didn’t know Charlie Brooks was given NI devices.
		DS Broom cannot say how the four News International files appeared on the Apple MacBook – they were on the screen.
		“Did you feel comfortable expressing the view that because of 4 files out of a thousand, Rebekah Brooks could be a user of this device?”
		DS Broom says “yes” to Laidlaw’s last question: “She COULD be a user of this device” – the Apple MacBook.
	Further Prosecution questions to DS Broom
		Bryant Heron re-examines Broom: “Have you sought to present a bias picture” “Not at all. I’ve conducted my investigation with an open mind”
		DS Broom explains the four documents from NI were icons on the MacBook screen: not her expertise how those docs got there.
		Justice Saunders says DS Broom might be back. Jury back at 11 am tomorrow.

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

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Previous Posts
Hacking Trial Live Tweets – 20 Jan
Hacking Trial Live Tweets – 21 Jan
Hacking Trial Live Tweets – 22 Jan

Links: The Trial So Far | Full Trial Summary | Indexed Evidence | Breaking News