Hacking Trial Live Tweets – 4 Feb

Tuesday 4 February 2014

Summary
	Witness – DC Richard Fitzgerald (Operation Weeting Detective)
		Prosecution Counsel questions DC Fitzgerald
	Witness – DS James Guest (Operation Weeting Detective)
		Prosecution Counsel questions DS Guest
		The Judge outlines the expected timeframe of the Trial ahead to the Jury
		Counsel for Andy Coulson cross examines DS Guest
	Witness – DS John Massey (Operation Weeting Detective)
		Counsel for Andy Coulson cross examines DS Massey
	Prosecution Evidence on News of the World Budgets
		More Prosecution documents presented to the Jury
		Peter Jukes explains break before the Defence Case opens
		More Prosecution Evidence on proposed Max Clifford Settlement
		DC Fitzgerald gives further evidence
	Witness – DS James Guest (Operation Weeting Detective)
		Prosecution Counsel has more questions for DS Guest
		Counsel for Rebekah Brooks cross examines DS Guest
	Witness – DC Andrea Fletcher (Operation Weeting Detective)
		Prosecution Counsel has more questions for DC Andrea Fletcher
		Counsel for Rebekah Brooks cross examines DC Fletcher
	Witness – DI Steve McCabe (Operation Weeting Investigation Officer)
		Prosecution Counsel questions DI McCabe
	Witness – DI David Kennett (Operation Elvedon Detective)
		Prosecution Counsel questions DI Kennett

Witness – DC Richard Fitzgerald (Operation Weeting Detective)
	Prosecution Counsel questions DC Fitzgerald
		Some legal argument slightly delaying the start of the #hackingtrial this morning.
		Bryant Heron for the prosecution recalls DC Fitzgerald as a witness in the #hackingtrial
		DC Fitzgerald is the expert on call data for Operation Weeting. He’s been asked to look at phone evidence overall
		“Very much as a summary and overview,” Bryant Heron asks about Mulcaire’s date from Feb-April 2005 and December 05 to August 06
		Over those 10 months or so the police have detected 1,450 calls to 87 different voice mail numbers on Glenn Mulcaire’s billing
		In addition there were 445 of calls to the Orange Platform – a generic single number for all Orange customers (included in 1,500 figure)
		Saunders gets clarification of previous evidence: everyone except Orange and some pay as you go providers had single voice mail numbers
		The orange voicemail number was generic, so no number of targets in that 191 days of billings for Mulcaire.
		Of those 445 to the Orange platform only 45 customers can be identified from Feb to May 06 – small amount of data still available.
		DC Fitzgerald now go through the News International landline and their Vodafone hub – no individual caller identified.
		On the Vodafone Hub (private wire) police have seized records from NI from July 04 to May 09.
		The private wire line from Vodafone would route certain numbered calls through Vodafone for cost savings
		Police have identified 4,714 calls to 98 unique voicemails from NI hub. 1,975 of those calls to Orange Platform (no firm no of targets)
		DC Fitzgerald also analysed Clive Goodman‘s home phone billing data for Jan 05 to August 06.
		Goodman’s call data records show for that year show 649 calls to 14 unique voicemails, of which one targeting a Orange customer.
		Police have not been able to identify the tapes seized from Goodman and the call data is quite limited.
		Jury asked to leave for a minute by Justice Saunders at #hackingtrial
		Clarification on the NI hub and landline interception by Justice Saunders.
		“My concern was hub phone billing… way to May 09. The conspiracy count only goes up to August 06” says Saunders.
		“The figures you gave us actually exclude anything after August 2006,” Saunders establishes on NI hub figures.
Witness – DS James Guest (Operation Weeting Detective)
	Prosecution Counsel questions DS Guest
		Bryant Heron for the crown calls DS Guest for more evidence on the Calum Best timeline.
		There is now an amended Calum Best timeline being introduced into the jury’s mounting bundles.
		DS Guest confirms the ‘tasking’ of Best: calls same date as tasking and texts between Mulcaire and NOTW journo and an article.
		Saunders establishes that the “scraping the bottom of the barrel” email from Coulson comes around this time. Will be inserted in bundle
		BREAKING: via @martin_hickman: News International journalists and Glenn Mulcaire made 6,813 hacking calls to voicemails from 05/04 to 08/06
		Or in other words, Mulcaire and NOTW journos made on average ten hacking calls a day for two years – based on patchy incomplete records.
		Bryant Heron insert on 21/04/06 email from Coulson “scraping bottom of barrel” email about Calum Best into timeline
		A cross reference to a 10/05/06 email is inserted into the Calum Best timeline.
		That email is from Glenn Mulcaire to NOTW “as instructed” and a list of calls and includes another NOTW journalist
		Another email from Andy Coleman to Stuart Kuttner, about unbilled calls for another NOTW journo, inserted into timeline
		A 13/05/06 email from Northern Reporter from NOTW, Chris Tate, also inserted into the jury’s timeline on Calum Best
		NOTW email talks about source for story on unborn Calum Best child. “Hoping to go to Max Clifford today, rather than staying with us”
		Bryant Heron goes over cross examination of the Calum Best timeline (which made it appear police had missed Calum in searches.)
		20/03/12 Operation Weeting received the “Do his phone” email and opened a victim file for Calum Best.
		27/04/12 the ‘Do his phone’ email is introduced formally as an exhibit by police.
		There was cross examination about the Chris Tate email. 16/05/12 Stroz Friedberg were asked to look at related correspondence.
		The “bottom of the barrel” arrived a day later 17/05/12. Initial review marked that email as irrelevant by Weeting team.
		“Relevant emails were handed to investigation team – irrelevant emails filed away in NOMAD system,” says DS Guest.
		Unused material would have to appear on schedule in the normal way establishes Bryant Heron.
		27/05/12 Weeting officers met Calum Best but no statement taken
		25/05/12 the Chris Tate email was received by Weeting from Stroz Friedman, among 378 documents.
		That Chris tate email was also marked as “irrelevant’ by Weeting.
		In September 2012, DS Guest confirms, Calum Best and Laura Hogan signed their witness statements.
		Another review of Coulson related emails in July 2013 did not identify ‘scraping the bottom of the barrel’ email as relevant.
		19/07/13 the “scraping the bottom of the barrel” email disclosed to Coulson defence teams as part of “unused material”
		15-22nd October 2013 DC Ryall went through material marked irrelevant, and identified the Chris Tate email about Laura Hogan
		14/11/13 the Chris Tate email disclosed to defence, and same day “scraping bottom of the barrel” email went to all the defendants.
		Timothy Langdale QC for Coulson has some further questions for DS Guest. But a quick break. “Please just be patient,” Saunders tells jury.
		Back at #hackingtrial after a break.
	The Judge outlines the expected timeframe of the Trial ahead to the Jury
		Justice Saunders explains to the jury about the timetable for the months ahead
		Saunders wants the jury in tomorrow at noon. “We will finish the prosecution case tomorrow.”
		“I then have various matter of law to discuss with counsel… not unusual… you will have whole of next week off” says Saunders.
		Saunders “worst case scenario… the latest time for you to consider your verdict is middle of May.”
		Saunders says employers can’t interfere with jury service “Tell us and we’ll intervene…. important case for all concerned.”
		“We have to get through to the end, you and I together,” says Saunders.
		“It’s taken a great deal of time because there’s a lot of evidence… going to the issues you have to decide.” says Saunders to jury.
		“I don’t think you’re wasting time, and I hope you don’t either,” says Saunders to jury.
		BREAKING: #hackingtrial prosecution case due to finish tomorrow. Jury likely to be considering verdict in Mid May
		After tomorrow, legal argument until February 17th; Saunders says this is nothing unusual in a case of this length and complexity.
	Counsel for Andy Coulson cross examines DS Guest
		Timothy Langdale QC, cross examines DS Guest on Calum Best timeline.
		Langdale asks about DS Guests decision to make Calum Best “victim team 5”. A file had been held on civil side of inquiry earlier, says DS
		DS Guest concedes the Calum Best email should have been candidate for earlier disclosure. Langdale inserts new email into jury bundle.
		“Girl won’t budge from 5k” is the email which should have been disclosed to defence, establishes Langdale.
		“That ‘scraping the bottom of the barrel’ email came to us responsive to previous submissions,” says DS Guest on Coulson email
		The ‘Do his Phone’ email was presented to Coulson during a police interview, Langdale establishes with Weeting officer.
		Lots of detail here. Langdale is discussing the review process with Weeting officer of Calum Best related emails.
		Many references to numbered items on a schedule which – without sight of it – hard to explain and follow.
		Edis intervenes on the issue of contact with another NOTW journo on the Calum Best timeline.
		Langdale establishes a Calum Best related email was disclosed to defence through the order of judge last summer.
		30/08/13 another defence team received disc with all emails related to that defendant on undertaking not to disclose to other defendants.
		05/09/13 Weeting detectives compiled report on the meaning of “Do his phone” email sent by Coulson.
		The review of “irrelevant material” in October 2013 found various emails that were deemed relevant, including Chris Tate email
		Saunders asks if the “scraping the bottom of the barrel” and Tate emails were on disc disclosed to other defendant.
		“This is not a criticism of you one way or another,” says Langdale to DS Guest of the Nov 13th disclosure of Calum best related emails.
		Bryant Heron re-examines DS Guest and confirms “Do his phone” email disclosed to defendant in July 2013.
		Saunders confirms the Chris Tate email was not disclosed to defence until the morning Calum Best gave evidence at #hackingtrial
Witness – DS John Massey (Operation Weeting Detective)
	Counsel for Andy Coulson cross examines DS Massey
		DS John Massey is called by Bryant Heron for the prosecution. He’s already under oath.
		He was previous asked about disclosure of Calum Best documents. Langdale takes up a re-examination over “two things”
		Langdale said DS Massey was “being falsely blamed” for missing a Calum Best email: it wasn’t in the emails he viewed.
		DS Massey is now cross examined over a police action alert which he thought might have been related to another police operation.
		DS Massey says that from records he can’t say that it was exclusively a Weeting action.
		“Please raise action…. for MSC at News International” relates to another NOTW journalist.
		“A hard drive was overlooked which related to Mr Coulson’s emails,” explains Langdale of inconsistencies in police searches.
		DS Massey explains his erroneous apology for having missed emails. The other review was a much fuller set of data from NOMAD.
		“The emails that were allegedly there weren’t there,” says DS Massey. “Retraction of apology readily accepted,” says Saunders.
		“Though it seems quite complicated, I’m sure at the end of the day we’ll be able to summarise quite quickly,” Saunders on Best timeline
		DC Scott explains to Langdale about his Calum and Lorna search of NOMAD. Found on ‘sub schema” in second search.
		“I don’t think I have access to it,” says Scott of material that sits about MSC/NI/NOMAD sub schema.
Prosecution Evidence on News of the World Budgets
	More Prosecution documents presented to the Jury
		Edis says there is another witness, but before lunch he has another paperwork exercise involving jury bundles and dividers.
		Edis has new documents on NOTW budgets.
		Edis explains NOTW budget year began July, and plans for them began in February and March before. So first 9 pages related to 2005-09
		“What we’re doing is giving you the documents in a form you can follow,” says Edis of new paperwork for jury on NOTW budgets.
		These new documents track the special inquiries and Mulcaire NOWT budget elements over time: how cuts proposed and then deleted.
		The second budget analysis 2006 concerns proposal to reduce Mulcaire’s payments to £75k. Document tracks what happened.
		“This is the file with the controversial dividers,” says Edis of another jury bundle for which he has new documents.
		This new document is a “forensic analysis” report – concerned with cell site data.
		“This is about the settlement of civil litigation by Max Clifford… internal NI documents from January 2010,” says Edis
		First document concerns meeting between lawyers, Rebekah Brooks, Colin Myler among others in January 2010
		The legal document contains a skeleton argument about sentencing of Mulcaire and Goodman in 2007
		Julian Pike for Farrers reports about the “Mulcaire has popped up out of the blue… he’s concerned judgement will entered against him”
		“Mulcaire came on the scene very late… NGN does not oppose the notion Mulcaire should answer questions,” wrote Farrers in civil case.
		Brooks asked Farrers about indemnification of Mulcaire for costs in civil proceedings according to legal note.
		The issue relates to criminal penalties Mulcaire could suffer if he did not attend Max Clifford case.
		BREAKING: jury hears Brooks tried to strike a deal for £200K with Max Clifford around time of his civil litigation.
		“She could physically turn up with cash this evening,” legal note says of Brooks alleged payout to Max Clifford. “Retainer a problem”
		Mulcaire was about to forced by court to name who he’d talked to at NGN about Clifford hacking “people might be named.”
		“You have to consider what is worse… doing a deal with Clifford” says legal note. RB: “It would look terrible if seen to buying off Max.”
		Break till 2pm
	Peter Jukes explains break before the Defence Case opens
		Just to explain about the week break from #hackingtrial to discuss points of law before defence cases can begin.
		As Justice Saunders says such a break is “not unusual” in long complex trials like this.
		Meanwhile, I’ll try to record the legal argument for publication post trial. I’ll also be fulfilling my pledges http://igg.me/at/hackingtrial2/x/412026 …
	More Prosecution Evidence on proposed Max Clifford Settlement
		Edis continues with his new insertions into a jury bundle “Farrer and Co” note on Max Clifford and early settlement of case.
		“Everything so far has been leaked, excepts RBs conversations with Max…” says legal note concerned about Guardian coverage of Clifford.
		Brooks talks about £25-30k settlement with Max Clifford before leaving the room on this Farrar’s legal note.
		03/02/10 note on hearing before Justice Vos, cited by Edis. Clifford, Mulcaire and Goodman explained.
		Legal Note says Clifford asked for disclosure order from Mulcaire in Feb 2010: name of people who instructed him, who he passed info to.
		That application to disclose was opposed by Mulcaire’s solicitor. Vos said disclosure orders “are justified for a number of reasons”
		“I will order of the order… for the draft order,” wrote Vos about Mulcaire forced disclosure of his taskers and who he reported to.
		Email same day from Frederic Michel to Brooks on the Feb 10 ruling “it could have provided the Guardian with a headline”
		Email chain now cited by Edis on the civil settlements in 2010.
		10/02/10 Charlotte Harris writes to Julian Pike: “terms of settlement have been agreed privately between Mr Clifford and Mrs Brooks.”
		Harris says she was not party to that settlement, though the issue of costs was still live.
		Pike writes to NI about £200k costs; “this is looking expensive, but do we want the risk of Mulcaire answering questions…?”
		Email from Martin Ivens at Sunday Times 20/02/10 about Tory lead going down. Brooks: “Christ, why?”
		Brooks to Ivens: “Can you do us a favour…. He’s a slippery fish.” Ivens says a Clifford story is “minor league and we’ll leave it
		Email chain from December 2010 over three emails that would start Operation Weeting the next January.
		Anderson from News Corp: “We lose a lot by not announcing suspension quickly… we lose a lot on Sheridan.”
		Anderson email chain: “Nick Robinson rubbished the whole thing and said it was one side of the story from civil case.”
		“We’ve spent months moving from rogue reporter to zero tolerance” says Anderson to Brooks on news of new hacking emails.
		Anderson wants NOTW journalist quickly sacked he tells Brooks. “Colin (Myler) has spoken to him… it could be strange to wait a long time”
	DC Fitzgerald gives further evidence
		DC Fitzgerald called by Bryant Heron for the crown on further detail on the Mulcaire Orange call data Feb-May 06. 45 calls to 10 targets
		July 04 to August 06 – 350 calls to 37 individual Orange customers identified on NI hub line
Witness – DS James Guest (Operation Weeting Detective)
	Prosecution Counsel has more questions for DS Guest
		DS Guest returns to the witness stand to answer questions from Andrew Edis QC
		DS Guest has reviewed documents retrieved from Mulcaire’s premises, and info from the MSC at News International.
		DS Guest is familiar with Mulcaire notes. He has also identified stuff an inquiry agent might be expected to deal with.
		16/01/14 statement by DS Guest. 1) gathering facts for stories 2) confirming facts suggesting strategies.
		Credit agency checks, land registry, tracing individuals from DOB and electoral roll, county court searches, surveillance, analysis of docs
		All those are the normal things done by Inquiry Agents.
		BREAKING: no evidence say police that Mulcaire engaged in any of the activities of a normal PI or inquiry agent
		16/11/03 “Ruddock surveillance TXT urgent” says NI business records for Mulcaire billing. But no evidence of surveillance.
		NI records talk of payment of for “graphology expert” to Mulcaire. No evidence that he worked on graphology
		“Did you find a companies house invoice” asks Edis of Mulcaire’s record. “Yes”. He’d paid £373.50. Not a subscriber to their services.
		No information recovered from Mulcaire from Trackers UK or Tracesmart.
	Counsel for Rebekah Brooks cross examines DS Guest
		Laidlaw for Brooks cross examines DS Guest.
		DS Guest confirms he wasn’t involved in 2006 arrest of Mulcaire and searches of his addresses.
		DS Guest has looked at every one of 8000 pieces of paper recovered from Mulcaire he tells Laidlaw for Brooks.
		“In what was seized in 2006 you haven’t found what was cited by Mr Edis,” says Laidlaw. “That’s absolutely correct and fair,” says DS Guest
		“Pure speculation” says DS Guest of documentation that wasn’t kept by Mulcaire or seized by police
		Telephone records for Mulcaire only go back to mid 2004 onwards. Laidlaw: “Who Mulcaire may have been callin is a matter of speculation”
		DS Guest says he hasn’t seen any record of activity on the computers seized from Mulcaire in 2006.
		DS Guest says they found no receipts of Mulcaire subscribing to Tracesmart etc. “He has been a tracing agent,” Guest agrees.
		DS Guest says police have been to various tracing agencies and they have no record of Mulcaire being a subscriber.
		Edis re-examines DS Guest on Mulcaire’s bank accounts.
		Langdale excuses himself as he needs to take instructions from his client Coulson – the next witness does not concern him.
Witness – DC Andrea Fletcher (Operation Weeting Detective)
	Prosecution Counsel has more questions for DC Andrea Fletcher
		DC Andrea Fletcher called by Bryant Heron for the prosecution on two outstanding areas from previous evidence. First re: Mills/McCartney
		Jury shown NOTW story from 22/06/02 about Mills McCartney ring throwing argument in Miami.
		DC Fletcher has carried out further investigation on this story.
		DC Fletcher identified a further story 16/06/02 ‘Macca’s Feud of the Rings’ and its source.
		Searches on MSC database have revealed a payment request to Peter Hodgson in relation to 16/06 story.
		Back to 02/06/02 McCartney Mills story the jury are given new documents for their bundles by Bryant Heron for the crown
		An Email from Brooks 01/06/02 to Harry Scott, Bill Akass and others at NOTW “change headline and sub dec on Macca Story”
		Brooks, then Wade, changes headline to throwing ring out of window story in NOTW of 2002.
		02/05/02 £6k is paid for McCartney bust-up on NI payment schedule.
		DC Fletcher received a schedule of payments from NI recently on who was paid that £6k for Macca story.
		7 payments in relation to Macca Wedding Ring TXT urgent: over 2k to Samantha Edrie, Macc ring story TXT to “big apple freelance”
		A smaller payments to Sharon Sweeney for a pic.
		Again two more payments to Sharon Sweeney (photographer) and another US based reporter.
		Samantha Edrie has never been traced in those payments.
		Since the photographer was US based, the day rate for Sharon Sweeney was probably $500 per day.
		Weeting officer also questioned by Bryant Heron on her involvement in the Thames Quay search and computers retreived.
		New evidence on the computers seized from Thames Quay now added to jury bundles.
		Jury taken through user accounts on HP Laptop recovered from bins at Thames Quay
		18/01/08 was last recorded log on for R Brooks from this computer.
		The Apple Mac from study had an aol account for Charlies, and R Wade and shared accounts. Last used 17/07/07
	Counsel for Rebekah Brooks cross examines DC Fletcher
		DC Fletcher has been asked to produce a schedule of documents recovered from the computers by Laidlaw for Brooks.
		Nicholas Harlow is cited as a source of expertise on the computers by Laidlaw.
		Harlow studied the HP laptop and the OS was registered to News International.
		The computer has been used to 26/09/09 according to Harlow computer analyst.
		An exchange server on this HP laptop was used from 27/10/03 to 18/01/08 establishes Laidlaw with DC Fletcher.
		About 100 word documents were recovered from the HP laptop, the majority created on that laptop. Identified through key word search.
		DC Fletcher says she cannot confirm that documents go back to 1999. Laidlaw says one document belongs to Ross Kemp.
		Laidlaw says that the speaking note by Ross Kemp “consistent with period he and Mrs Brooks were together”
		One document relates to http://Exclusive.Com which was a NI project from late 90s saids Laidlaw for Brooks.
		“There are a very limited number in relation to NOTW, but more related to the Sun,” says DC Fletcher of 100 docs recovered from Laptop
		Personal documents from Murdochs, draft leaders, etc from these 100 docs from 1999-2008
		Last document found on HP laptop relates to DCMS appearance of Brooks in 2008
		On the Apple Mac computer from study the OS was installed on 22/07/07 according to computer expert Harlow.
		On this Apple Mac the local admin account is associated with Charlie Brooks‘ email account.
		From the Safari web cache the emails seem to deal with Charlie Brooks‘ account.
		Another Apple Mac contained the clip of 20 or so emails from March 11-July 11 from Rebekah Brooks to Charlie’s account (cc’ed or forwarded)
		“Two defence barristers trying to protect you,” jokes Saunders to DC Fletcher. “Don’t rely on it for the future,” jokes Laidlaw
		15 minute break for the jury.
Witness – DI Steve McCabe (Operation Weeting Investigation Officer)
	Prosecution Counsel questions DI McCabe
		DI Steve McCabe is called by Bryant Heron for the Crown
		DI McCabe has supervised an inquiry on behalf of Laidlaw for Brooks: to look at schedule of Brooks’ filing list kept by Kingsley Napley
		DI McCabe has compared the material kept by Brooks’ lawyers, Kingsley Napley, Linklaters and what police have siezed.
		The master document is a filing list from 2011: some documents have not been recovered.
		Bryant Heron gives way to Laidlaw cross examining him on Brooks’ filing and documents.
Witness – DI David Kennett (Operation Elvedon Detective)
	Prosecution Counsel questions DI Kennett
		DI David Kennett called by Bryant Heron for the prosecution (whizzing through these last witnesses – mainly in response to defence questions
		DI Kennett is currently attached to Operation Elveden
		Bryant Heron asks FDI Kennett about his statement on the Royal Directories and steps taken to try and identify officers who may have sold
		“That’s because it was just so long ago,” establishes Saunders of personal protection officers who might have supplied Royal Directories.
		SO 14 records which identify precise locations of Royal Protection Officers only begins in 2005. DI Kennett has list of officers since 2001
		538 Officers worked for Royal Protection since 2001: about half have left since then.
		Fingerprints from Royal Directories not of sufficient quality to align with police officers on SO14
		DI Kennett asked about allegations against Rebekah Brooks and Prince William in a Bikini evidence.
		09/12/13 the soldier who was abroad was interviewed by police over Sandhurst allegations
		Two further statements and analysis of phone data led to a “development… and interview under caution.. ” not Mr McKay but somebody else.
		Mr David Spens QC, counsel for Clive Goodman, cross examines DI Kennett
		Spens: “Does it really come to this… apart from Godfrey fingerprint, and given signature…. no evidence to connect to other 13 books”
		Spens for Goodman goes over the fingerprint testing on Royal Directories: 19 fingerprints attributed to Goodman. 112 unidentified
		DI Kennett is asked to re-check payment records over the period covered by the counts relating to Clive Goodman.
		There are 60 officers in all linked to St James Palace in 2005: intelligence checks were made for “adverse information”
		“All of those 60 officers fingerprint evidence was available” says Spens. DI Kennett confirms none found on Royal Directory.
		DI Kennett makes the distinction between police officers who guard Royal persons, and those who guard fixed locations.
		Saunders asks the jury to leave for a moment.
		12 O’Clock tomorrow for the jury to return to #hackingtrial
		Apparently I’ve passed 1 million keystrokes covering #hackingtrial. A few 100 of those immediately correcting typos, mishearings and errors

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

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Hacking Trial Live Tweets – 30 Jan
Hacking Trial Live Tweets – 31 Jan
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