Hacking Trial Live Tweets – 8 May

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Thursday 8 May 2014

Summary
The Prosecution Closing Statement Continues
Anthony Edis QC continues on the Email Deletion
Count 6 – The Removal of Archived Boxes
Count 7 – Hiding Potential Evidence
Count 7 – Missing Devices
Count 5 – Misconduct

The Prosecution Closing Statement Continues
Anthony Edis QC continues on the Email Deletion
Back at the #hackingtrial – now in the main court because 3g reception gone in annex. Hard to hear so apologies for errors. Will correct.
Edis is back on his feet with his closing argument: he tells the jury “we’re getting through it”
Edis was talking about email deletion policy when he finished yesterday: he adduces the “clean sweep” email sequence initiated by Brooks
“Anything before January 2010 will not be kept” says Brooks. 04/08/10 at 1pm.
Hickey replies they haven’t publicised the email deletion policy at NI as “it might be construed… your note mentioned Jan 10… “
Hickey says he thought email deletion policy only went back to the arrival of James Murdoch. Brooks replies she wants Jan 10 deletion
Both agreed to no “company wide comms”
Edis points out that “there’s no sign” of any emails being kept for legal reasons in this email chain. He turns to the admissions
Admission number 164 (agreed by both sides) talks about “loss of data” through malfunction – a lot happened after Goodman Mulcaire arrest
A lot of “machine generated loss of data” until 2010: in Jan 2010 Capex hired to purge emails before 2005 – no review.
4,480,000 emails deleted from NI in Jan 2010. In total 10 million messages deleted prior to that.
Admission 196 shows more email deletion in Jan 2011 – but an email archive backup was found. 1.5 million of 4.5 million recovered.
The live email archive became know as datapool one from the old EAS system. The rebuilt archive from backup became datapool two
In essence – on datapool 1 1999-2005 hardly anything exists. 2006 2.5k 2007 5k emails survive.
“Not quite a clean sweep, but not far off” says Edis. Datapool 3 has many more emails from 2006.
Edis says the August 2010 is the source of most of the material we have to compare to deletion policy – 3 million emails have gone.
12/05/10 a chasing email on email deletion – and another from Brooks in July
“2005 and earlier was of course a very important time… for the phone hacking activity at NOTW” says Edis of email deletion policy
Edis goes to 2011 – the meeting between Coulson and Brooks at Halkin Hotel after discovery of internal emails revealing more hacking.
25/01/11 Brooks emails Hanna about ‘sweeping her office”: this is day before NI hand over emails to the police.
“That one, we respectfully suggest, is connected to what is going to happen the next day”: the police start Operation Weeting.
In April 2011, James Weatherup was arrested. “It emphasised the police are intently interested in pursuing criminal inquiry”
Brooks had said it April 2011 she began to fear a dawn raid, and her premises could be searched by police.
“From that point on in her mind there was a risk in her mind and her premises search” says Edis of Brooks and April 2011.
In April 2011 News International apologise to phone hacking victims in a public statement and say they’re going to co-operate with police.
Edis says this is important for Counts 6 and 7: he says Carter’s claim she didn’t know about police investigation doesn’t her “credibility”
Edis says Carter’s denial of knowing about arrests in witness box might be just a “panicked reaction” but it doesn’t help credibility
Edis adduces an email of Calendar entries from Carter’s Blackberry and a lengthy series of emails.
Carter’s Blackberry emails talk about a “boot camp” on the day of archive boxes removal on 08/07/11
Edis says Boot camp was after both Brooks and Carter left NI: Carter’s claim to police Brooks was at boot camp was a “lie… alibi”
Email from Carter to Brooks talks about Brooks “You ipad red with white cover” “Has all my emails on.” “All transferred to black one”
“I’ve told them they must not leave any old devices” says Carter to Brooks of IT dept “What is the explanation of this email?” asks Edis
Edis talks of senior execs would have”highly confidential and sensitive data” and would be “careful” where old computers go.
“Computer brains are bigger and better than humans, that’s why we have them” says Edis of computer security.
“But here we’re talking about a police inquiry…. who would want to have an ‘old devices'” says Edis of this email chain.
Count 6 – The Removal of Archived Boxes
Now we go to the Nick Mays email about ‘Charlie’s silver’ – he bought some old NI silverware.
Carter emails Eamon Dyas about Charlie’s cheque for the silver.
Edis refers to Carter’s discussion with archivist about different types of property – some photos, memorabilia being looked after by Mays.
Carter’s case is that she removed archive boxes because Nick Mays asked her to
Edis says Brooks was the CEO – archivist would do anything he was asked to do.
Edis talks about the “extraordinary week” of Milly Dowler revelations and closure of NOTW.
Edis cites Will Lewis letter to Surrey Police over Dowler revelation – it talks of an internal investigation by Brooks at NI.
23/06/11 email from Brooks to her PAs “need my 2002/03 diaries”: Brooks’ case says this might have been about Channel 4 doc or H&L file
Edis: “That had been discovered by MSC…. because of reference to phone books and palace police officer… that went to police””
The Harbottle and Lewis files were hard copies of emails about “matey” “palace cops” etc – some only exist in hard copy now.
“You have to decide if you accept she can’t remember. There’s a lot of loss of memory in this case… no one’s memory is perfect” says Edis
But Edis says the request for her diaries is more recent – and during an important time when police arrest was on her mind.
Edis then cites Brooks’ email to Ross Kemp: Edis agree she received new information from Mulcaire notes
“At 11pm that night, half an hour before she sends the email to Carter, what is on her mind… phone hacking” says Edis.
“You might want to know your whereabouts when Milly Dowler was hacked” says Edis of request for diaries after Ross Kemp email
Edis now turns to emails requesting bank statements for Brooks – and Rhidian Wynn Davies checking her credit card statements for 2002.
“All sorts of things going on, Lord MacDonald was coming… 7th July. Urgent can you call me please. To Eamonn Dyas” says Edis.
“Something urgent has come up” says Edis of Carter’s email on 07/07/11 “there is an issue of fact here whether this was urgent or not”
On the 8th Carter sends an email trying to get hold of archive, contacts Jane Viner, sends email with wrong address. Speals to Mays at 10 am
“Other things were happening that morning” of the 8th of July, Edis says.
“The Plan B email is sent from Mrs Brooks to Mr James Murdoch… let’s just have a look at that” says Edis of morning of the 8th July
“It’s quite important” says Edis of Plan B email “because it tells you of her state of mind when boxes removed from archive…”
Edis says Plan B email about a “Les Situation” to “vindicate my position” indicates Brooks’ was still trying to keep her job.
Edis talks of Blair’s suggestion of an external inquiry: Brooks email says they will not be ‘tried by the media’ and talks of ‘Sunday Sun’
“These are plans for the future” says Edis: “The subtext is… we’ll get through this so I can keep my job and be useful to you”
Edis “On that very day when boxes came out Mrs Brooks had in her mind ‘ongoing criminal investigation… and she knows she’s on the agenda”
“You have to decide whether it’s a coincidence Mrs Carter is sending an urgent memo over extraction of archive boxes” Edis says to jury
“I’m not going to take you to the disgusting coffee email” says Edis. But he uses this to indicate Brooks and Carter did meet that day.
Edis then cites 12.26 email from Brooks about setting up a town hall meeting with NOTW staff. He then turns to Nick Mays emails.
“Whether archivists are the life and soul of the party is not know” says Edis of Mays – but they’re known for meticulousness.
Edis cites Nick Mays records for that day and Carter’s request “Please return Rebekah’s notebooks… it’s plain English again”
Edis explains how the archive boxes were immediately delivered that day – Nick Mays evidence is that this was Carter’s request.
11.48 the delivery of the archive boxes is recorded. At 11.59 Carter emails Mays again. Mays emails Crown at 12.10 over “2 or 4 hr service”
“Clearly expedition was happening” Edis tells the jury. “The order is delivered at 13.36… these boxes arrive… with a number of things”
Edis says that Carter’s case – that she had spare time because of the town hall meeting – this all happens before that’s set
Edis says Brooks had been worried since April about arrest “sharpened since Milly Dowler investigation…”
Edis says the pending arrest “jolly good reason not to want archives in her house” and suggests there were 30 notebooks in the boxes.
10th July 2011 – Brooks’ mother is at Jubilee Barn with Hazel – “we know that Mrs Carter goes there for half an hour”
“is it arranged, or something Carter just decided to do because Mrs Weir was on her own” asks Edis.
But 12.20 Carter texts Brooks who’s en route to meet James and then Rupert Murdoch “having lunch with Deborah and Hazel”
“It turns out she’s not alone” says Edis of Deborah Weir and suggests the visit was connected with the archive boxes.
At 10 am that morning Charlie Brooks was sending a Frankie Dettori article from a laptop recovered from Chelsea Harbour the next weekend.
On Monday 11/07/11 Mays emails Carter “plaintively” about “missing trolley”
Carter then writes to Mays “spent the whole weekend reading 7 years of beauty cuttings”
“We suggest to you that’s an extraordinary email” says Edis “She spent Sunday with Mrs Brooks’ mother – it’s not true”
Mays said “this is the only time Carter shared personal details with him.” Edis “She really wants him to know those books belong to her”
“The activity is a continuous series of events” says Edis of counts 6 and 7 “though they take place over two weekends with different people”
Edis reminds the jury of “some of the things said by Mrs Carter”
Edis says Carter knew of police search for boxes in advance because her son had made witness statement to police.
The first account Carter gave was about archivist requesting move, and Brooks at boot camp and not in office.
Edis says Nick Carter could not “criminally involved” he needs to know and intend course of justice perverted. “Other people more in know”
In Carter’s statement she said she got some big pictures as well as boxes
Carter’s statement says there were a few things of Brooks’ but she “binned 30 notebooks” of her own.
Edis says Carter has “committed herself” over those items and “hasn’t much wiggle room left”
After Jan 2012 Carter gets a solicitor, Brandman, to represent her.
The material in Brooks’ office was eventually delivered in two tranches – one through Carter;s mother in law – the rest bagged up.
These two tranches were then put together and revealed to police by Kingsley Napley: Carter was asked to identify objects.
15/10/12 ‘Non sensitive unused material’ schedule cited by Edis with descriptions of Brooks’ property.
31/10/12 result of Carter’s examination of Brooks’ material held by police. She identifies only three items from seven boxes.
Edis holds up the three items – diary, filofax “none of them is a spiral notebook, none of these is a pad”
Break for quarter of an hour
Edis continues with his closing speech in the #hackingtrial. He’s now covering Cheryl Carter’s police interview over 7 archive boxes.
Carter’s police statement says there “were three of Rebekah’s pads there… anything Rebekah’s went back”
Police quiz Carter over Brooks’ office searched on 15/07/11 – which missed Brooks’ documents in Carter’s pod.
“They missed that” says Edis of police search of Brooks office: “Nobody thought to mention where Brooks kept her documents”
Several references to Brooks’ “pads” in Carter’s police interview – and some party with Ross Kemp – but nothing like that recovered
Edis addresses the various PAs who have said Brooks never kept notebooks.
In police interview Carter repeats “three pads and one diary” – Carters says she would recognise pads “spiral notebook”
“We all know what a spiral notebook is and it isn’t a filofax” says Edis of Carter’s interview. He turns to 12/07/11 filing list.
Edis says you can’t reconstruct Brooks’ documents from temps filing list but it does have a reference to “RB notebooks”
In the filing cabinet are “smythson notebooks”: “She didn’t use them but in case she changed her mind” says Edis.
“Where are the notebooks now?” asks Edis. “Well they are gone” He closes his Count 6 argument.
Count 7 – Hiding Potential Evidence
Edis turns to 15-17th July 2011 Count 7 allegation of “hiding material that might incriminate Mrs Brooks or others…. damaging material”
Edis alleges material was collected from Jubilee Barn; “She knew she might be arrested” says Edis of Brooks.
Edis cites solicitor’s letter from 15/07/11 from Burton Copeland saying she was willing to attend police station. New solicitor’s instructed
Edis cites texts from Brooks to Charlie “Tell JRM I might be arrested” on that weekend in July.
“Jubilee Barn was cleared of anything connected with her work” says Edis “nothing relevant was found” in Brooks home.
“The police treated Mrs Brooks with particular sensitivity… gave her several days notice, and a choice of police stations” says Edis.
“Quite often in these courts none of that happens… people are simply arrested, it’s called a dawn raid” Edis. “She was treated pretty well
“She took advantage of that” says Edis of notification of arrest and incident with bin bags.
“It’s hardly surprising the police didn’t accord her the same treatment” says Edis of further arrest. “they didn’t want anything go missing”
Edis talks of Charlie Brooks as the one who “orchestrated the event” of the black bags only because “she wanted him to do it”
“So if there is any subtext being critical of the way the police approached it” says Edis to jury “you may think understandable”
“We can’t say what has gone missing because it is missing” Edis. “A successful conspiracy to pervert course of justice still a conspiracy”
Edis addresses Hanna’s role as head of security at NI and the corporate threat to the company.
Edis reminds the jury of the evidence of the Hernandez who claimed that on the night of the last edition of NOTW they were drinking together
Edis says that Hanna and Hernandez can’t have been that drunk because they went back to work.
Hanna spoke warmly about Brooks, and then closure of NOTW and then “burnt something in hole of garden” according to Hernandez.
“You can accept his evidence” says Edis and “put it in the picture and see where it takes you”
“That’s a straight conflict of evidence” says Edis of Hanna’s denial of Hernandez statement. But “pretty odd…. why would he do that?”
Edis says closure of the NOTW would be dominating their lives. Hernandez claims Hanna says he burnt papers.
Edis addresses the possibility of misunderstanding – Hanna thinks he might have spoken of his fire pit and enjoying a good fire.
Edis talks of evidence of Charlie’s presence in Jubilee Barn when “they thought the police were coming at ten… what was Mrs Brooks up to?”
Edis says “we know property” came from Oxfordshire via Hanna’s home “and the near vicinity of Jubilee Barn”
Edis asks why property belonging to the Brooks didn’t travel down in their car.
“Why didn’t the black bag go to Lewisham police station in the car.. if these documents are so important why didn’t he keep them with him?”
Edis says it’s probable the black bag went to London via Daryl Jorlsing’s golf.
Edis addresses a “significant disagreement” between the defendants over the black bag. Hanna says he knew nothing about that bag.
Edis says Hanna was giving the “instructions generally” because of phone traffic and text. “What is this whole exercise about?” says Edis
The black bag contained iPad and laptop being used by Charlie Brooks. Same laptop he used to send of Dettori article.
“What else was in the black bag when it set off… how did it get back together with the brown bag?” ask Edis.
According to Marva Ingram Hanna turned up outside News Int, and “something happened to do with bags”
Ingram says she helped double bag with bin bags “one bag” that Sunday Brooks was arrested in July 2011.
Edis turns to recent admissions about the black bin bags.
Ingram’s fingerprints on these bags is consistent with holding open the bag. There are also finger prints on inside and outside of second
Edis says “don’t try this at home” as he demonstrates how fingerprints appear on bin bags.
Edis goes through the cell site data covering the movements of Hanna, and Lee Sandell, who Hanna has known all his life, awaiting trial
Hanna had said Sandell was with him all the time. Marva Ingram says she didn’t see Sandell that day.
Edis explains “Enstone Farm… an agreeable place to stay” – it was “fully staffed from Thursday to Monday”
Edis asks whether the bacon with spatula incident between Hanna and Deborah Weir ever happened given the full staffing of Enstone.
Edis says Brooks “perfectly entitled to preserve personal security” but this means “there were men available to do what they’re told”
There were two security details – one at Enstone and another at Jubilee Barn. He asks whether Weir did make a journey and what purpose?
“The hotly disputed part” of this cell site document says Edis. He explains forensic expert Mr Cutts was “assassinated” by Mr Clegg
But Edis says he never suggested in the opening the Hanna and Sandell spent a long time at Jubilee Barn “they just nipped in”
“The journey to Jubilee Barn” says Edis of Sandell and Hanna “and is consistent with them nipping in”
“You can rely on what you have” says Edis of now agreed cell site material. “It shows you precisely what I suggested in opening”
Though it’s not essential to his case, Edis says that Charlie’s journeys back to Jubilee Barn could be to ID materials.
In previous evidence, Deborah Weir had said Hanna drove her back to jubilee barn to show her the way: “That doesn’t wash at all” says Edis.
“She’s a perfectly astute mum” says Edis. “She doesn’t need a man to drive her around… especially to where her daughter lives.”
Hanna had said he drove back to protect Weir: “That won’t wash either… there were security guards already there”
Edis says the jury have been given “two explanations” for this “apparently pointless journey… but we have an explanation too”
Edis turns to the movements of other security details and then the CCTV of Hanna arriving in Range Rover with Brown Bag at Thames Quay
“It’s the black bag that contains the computers… the more valuable bag” says Edis of two bags recovered from Thames Quay
Hanna and Sandell journey to Wapping after Jubilee Barn.
Edis turns to the beginning of “jiffy bag exercise” – he points out that C Brooks is with his lawyer MacBride: Brooks has just been arrested
Edis says MacBride should know Brooks was arrested because fellow partner in solicitors was at Lewisham Police station.
Charlie Brooks comes down stairs with Jiffy bag and Sony Vaio “it belongs to Mr Brooks… he had it before he met Mrs Brooks….”
Edis says this Vaio had not been switched on for over a year: it had nothing to do with phone hacking.
Edis talks of non illegal pornography in Jiffy: “it is rather surprising that he arranges for this to be taken to.. wife’s former employers”
Edis says we have to assume that’s all there was but we don’t know.
Edis asks jury to imagine to Charlie knew there was an operation underway to dispose of materials – he could “piggy back” on it.
Edis talks about the “verbal fencing” over whether the material was “hidden” behind bins. “This is material he wanted back” says Edis.
Edis refers to the voluminous contact that afternoon: he says this indicates “people working together”
13.30 Sandell and Hanna leave Wapping in separate cars.
Edis refers to the CCTV stills from Chelsea Harbour – Hanna returning to pick up Brown Bag “What did he think he was doing?” asks Edis.
Edis says Hanna gets out of the car pretty quickly and gets the bags “activity going on to hide material from the police”
Both Hanna and Charlie have accepted that they hid stuff, but not relevant to police inquiries. Hanna returns to Wapping with Jiffy Bag
Edis turns to a series of texts that Sunday between 5.30 and 7.11 pm the “redelivery of bags is planned” with Blackhawk One.
Edis goes through texts that show Jorsling returning to Wapping – to pick up something. Edis says nothing registered in lost and found.
Hanna and Ingram says there was only one bag in security hub – but texts refer to “bags” plural; “It’s a bit of a mystery” says Edis.
At 21.30 Jorsling arrives. “Here we have another one of Mr Clegg’s forensic triumphs”: Edis had suggested Pizza was planned her.
“We’re unable to show when the Pizza plan was devised, but devised it certainly was, because Mr Jorsling went back.. with stuff hidden”
“So whatever the plan is Mr Hanna is discussing at this stage, it’s not about getting into the car park” says Edis.
Edis says Jorsling knew how to get into car park “ages ago” in Lewisham because he used the fob given to him by her driver.
Edis says this “have a plan” text from Hanna still proves prosecution case that he was in control. Jorsling returns bin bags behind bins.
Edis talks about a call recorded on CCTV – Jorsling calling Charlie Brooks. “He treats bin bags and pizzas in a different way”
Edis says Jorsling jumps out of the car, drops bin bags behind bin, and then goes back to get Pizza for Charlie’s friend Mr Palmer.
Edis says this is early in the “long night’s drinking” with Palmer and Brooks: “they manage to forget” about Charlie’s bags behind bin.
Edis talks of Charlie “forgetting all about… his treasured book… until sometime following morning… that’s utterly ludicrous”
Edis says Charlie Brooks already knew the bags would spend the night behind the bins – that’s why they were covered in bin bags.
Edis says Charlie’s briefcase and black bag were covered in bin bags “to conceal them”
“There’s a big hullaballoo – where have these things gone” says Edis. He says she was with Charlie in car when he was talking on mobile
Edis say the “next important” sequence on the CCTV is the next morning, when arriving back from solicitors and bags have gone.
Edis accepts that Brooks was “under the cosh” but would have had to have been in a “coma” during this hullabaloo over Charlie’s missing bags
Break till 2pm
Count 7 – Missing Devices
Back after lunch at the #hackingtrial – Andrew Edis QC is making closing arguments for the prosecution.
Edis has a “some more to say about Count 7… including ‘missing devices'”
Edis invites the jury’s attention to a few documents on Count 7
Edis adduces 18/07/11 email from McBride, Brooks’ lawyer, to a police officer:
“Generally speaking… when a solicitor writes something for a client, it is what he’s saying” says Edis.
McBride writes that the devices are “personal property of Charlie Brooks…. and has no connection whatsoever to Mrs Brooks” in July 11
Edis says McBride’s assertion that there wasn’t anything going on to hide stuff from police has moved: “there has been a change of tactic”
Edis: “There’s no explanation in this email about what Mr Brooks way saying… but there is some evidence of what he might have been saying”
“It’s been a long day” says Edis of getting page numbers wrong: “It’s been a long year actually”
Edis cites Telegraph article which Brooks says an “associate” had “inadvertently left” bags behind bins: “a mix up with a friend”
Brooks’ spokesman David Wilson says story was “rubbish” – a friend of Brooks had been dropping off computers and old clothes.
Edis says Jorsling was “not a friend” – only contact was one call that day.
“Was that the explanation Mr McBride had been given?” asks Edis. “The kind of explanation you have to get rid of and get something better”
“The prosecution cannot say what was hidden, destroyed or squirelled away that day” says Edis of missing devices.
Edis reminds jury of Carter email in Summer 2011 about Brooks having to get rid of old devices.
Edis goes to the list of missing devices – used to be 10. This is was Sir Charles Dunstone’s iPad which logged into Jubilee Barn.
“This is all about devices Rebekah Brooks was using…. and the police did not recover” says Edis. “Where are they?”
Edis turns to Item One of Missing Devices – and iPhone grabbed from a screenshot of the Jubilee Barn router: empty box at News Int.
News International asset list mentions two iPhones – but NI only has the phone number.
Edis says that forensic experts have tried to detect the iPhone’s IMEI number on five mobile service providers.
“It will show the cell site that Mr Cutts might interpret for you” says Edis of call data.
“This handset… for which NI have empty box…. was in use, because connected to router… but for a whole year it wasn’t used. It’s dead”
“Apple phones some people can use, some people can’t apparently, but they’re quite expensive” says Edis: “Where has it gone?”
Edis says this phone wasn’t lying around in an office, it was “a live device” and had been used at Jubilee Barn.
“You can get into the router without keying your password” says Edis of this iPhone “alive and well and in use in Oxfordshire… not found”
Second device detected on the Jubilee Barn router; is now called ‘Julie’s iPad”.
In her severance agreement Brooks acquired office and PA Julie Duffy in October 2012: she gave Julie this iPad.
This iPad was linked to Rebekah Brooks through Apple registration like the iPad recovered from behind the bins in Thames Quay. 07/04/11
“You can find other devices registered with Apple through using the email address” says Edis. Or by “looking very closely a MacBook laptop
Snapshot from recovered MacBook shows the MAC address of this iPad too.
“There’s only one way of knowing the machine worked in Oxfordshire” says Edis “and that’s looking at the router… telling it was being used
“A year in the life of this ipad” says Edis: it was registered on the 07/04/11 (another had been issued on the 01/04/11 and apparently lost)
“Issued on the 4th April, in use on or before of 26th June 2011… handed to Julie in October” says Edis: “Not lost. Where was it 17/07/11?”
“Years later” it’s examined says Edis of Julie’s iPad “and there’s nothing on it from 2011”
“That was something the police really would have wanted to pick up and examine” says Edis of this iPad
Edis turns to missing Brooks devices 4,5 and 6 – Blackberry mobile phones.
The first Blackberry connected to Vodaphone via NI 08/06/11 – disconnected 27/09/11 “A very current device at relevant time” says Edis.
Edis notes there are no outgoing calls according to billing data (different from call data records) on this Blackberry.
26/10/10 the second Blackberry was connected. “2010 is a very important year” says Edis. 04/10/07 the third Blackberry “pretty ancient”
The two more recent Blackberry’s “certainly were in use in relevant times”: another Blackberry from 13/06/11 handed to police.
Edis suggests that Brooks was a heavy user of Blackberrys: “data loss is a real possibility with these phones”
Edis asks why anyone would change their phones 4 or 5 times a year like Brooks suggested.
An HTC device connected on 19/05/11 “there’s not much time for anything to have happened to this”
Edis now moves to two more iPhones, information limited to NI asset records, with only phone number and connection.
By getting rid of duplicate iPhones, old Blackberry and Dunstone’s iPad: “we’re talking about 7 expensive devices we’re interest in”
Another iPad has a serial number and NI tag number.
Apple have told police this iPad “and there is nothing else know about this. It existed, it was issued, no one knows where it is” says Edis
“The business records” from NI for four of these devices “all show no record of return – assume still with user”
Edis talks about Paul Cheeseborough’s evidence that when he arrived in August 2010 asset records were unreliable until Feb 2011.
04/07/11 email shown to jury by Edis. Edward Parry writes to PAs about “recognising all these devices” Carter “asking IT boys to… check”
“So many devices for Rebekah?” replies Carter in July 2011 email.
“What we can infer from it….” says Edis, Brooks “records were the subject of a specific check” on 04/07/11
“That might give you some reassurance” says Edis about NI records of “still with user”.
Nigel Wilson in IT was asked by Carter to look at Brooks’ devices; “that might give you some confidence in state of records”
“The proposition that we make” says Edis: no one would set about this “to protect what was ultimately recovered” i.e. Charlie’s Bags.
Edis points out that Charlie’s Apple Mac had two user accounts – one called ‘Rebekah’ with ‘Liverpool’ password.
“Every time he turned this computer on Mr Brooks would have a reminder this was issued to Rebekah” says Edis. It has the router screenshot
Edis suggests they put the “safe stuff” back behind the bins. “this is quite an elaborate plan… where quite a lot of people know about it”
“The only real concrete gain that can be had” is hiding stuff relevant to police says Edis. “The missing devices list supports this”
Edis says Charlie wouldn’t have known the MacBook had a screenshot of the router at Jubilee Barn: “a computer is a risk… even if risk low”
Edis says the “low risk stuff goes back”: Edis says there were plenty of other ways of backing up Charlie’s novel – pen drive, cloud etc.
“Only a complete idiot has only one copy of something important on a computer like this… because it can just blow up” says Edis.
Edis calls the novel a “convenient smokescreen”: he tells the jury not to be too concerned about Charlie’s Porn “that happens in London”
Break for ten minutes before Edis moves onto Count 5
Weary repeat reminder: prejudicial responses to my #hackingtrial tweets are being noted. By publishing you’re risking contempt of court
Count 5 – Misconduct
As the jury returns after a break Edis turns to Count 5 – and a bundle which is “a master piece of the bundle makers art”
“It’s not as if she had had nothing to hide” says Edis of the July 2011 allegations of the coverup against Brooks.
Edis points out that Harbottle and Lewis emails which started police operations contained references to Misconduct.
Edis says Brooks “may have been a complete fool… but she wasn’t was she?”
“It never occurred to me this person was a public official” Edis says of Brooks’ case on Jordan Barber: “You’d have to be a complete idiot”
Edis points out that Brooks could have investigated the Thomas Cook payments – because they need ID “the office staff know who it is”
“She had a way of investigating which would have revealed the truth” says Edis of Brooks and Bettina Jordan Barber.
Edis says that one of Brooks’ first jobs at NOTW was to sort out Thurlbeck after acquittal for paying police.
Edis maintains that Brooks “has to maintain” no appearance of public official: “she’s not naive”
Edis says first Jordan Barber email was 28/11/06 just about the same time Mulcaire and Goodman “had to attend this court”
“Sometimes when you look behind the mask you can see the truth” says Edis of PCC letter in Brooks’ name about cash payments in 2006
“Let’s look at this splendid collection of paperwork” says Edis of the 11 emails authorising payment to Bettina Jordan Barber.
“I’m not going to go through every story to see if they were in public interest” says Edis “or whether they were picked up in the pub”
Edis focuses on the “agreement” with Sun journalist and Jordan Barber: she offered up stories for cash payment.
“If you word searched this bundle for the words “public interest” I don’t think you’d find it” says Edis of Jordan Barber emails.
Edis says there are lots of other approvals for Jordan Barber – “the editor or editor of the day is supposed to approve” said PCC letter.
“Maybe we don’t have all the emails… maybe approval given in another way” says Edis “but they are pretty much the same, little information
Edis focuses on Sun journalist’s reiteration of “my number one military” contact: “pretty well placed” says Edis.
Edis suggests three stories from Catterick, Iraq, Sandhurst can’t be “from a retired general sitting in a bath chair”
“It takes her a minute to say of course” says Edis suggesting “she knew of the agreement and the value of the stories”
Edis says payments suggest Jordan Barber would happily wait for a month – so Brooks would have had time to investigate.
Second email 15/10/07 – preceded in this defence bundle by the Sun frontpages “intended to suggest she would have forgotten”
“What’s happened in the interim? Goodman and Mulcaire have been sent to prison” says Edis of further Jordan Barber authorisation.
This email describes the “belting exclusive splash… massively picked up” about the death of Prince William‘s platoon leader.
Edis points out that the military death would never have been hidden – only the connection to Prince William “exclusive”
Edis describes this as a “corrupt relationship – you have to get it ahead of competition” or the story isn’t really valuable.
“What they pay for in the most part” says Edis “is getting this first”. He says it’s “not true” a story like this would be covered up.
A Sandhurst sex scandal is also included: “Not it seems someone running a pub in Aldershot” says Edis of this source.
21/11/07 email now adduced with various stories and payments depending on exclusiveness of stories from Jordan Barber.
“It’s a system” says Edis: “send me the usual email and then we’ll go”
Edis turns to 2008 stories: same expression “my ace military contact… singular… the same person providing the information”
“if you were educated in the ways of the world which would qualify you as editor of the Sun” says Edis of Jordan Barber: “you’d know”
Another £3k authorisation for stories from Catterick and Sandhurst “lots of inside stuff coming from a well placed person”
November 2008 Sun journalist goes into more detail over number one military source – includes a navy story and a ‘prison contact’
Edis says the Jordan Barber payment system was ‘protected’ from outside. “The source remains a confidential source”
Edis suggests that Jordan Barber was vulnerable to MSC revelations unlike other suggested untraced sources
06/02/09 email for payment for “two big exclusives” – Colonel arrested in Iraq, a soldier losing leg in Afghanistan: £3.5k good value
20/03/09 authorisation for various stories – “the text of these things is much the same one after another” says Edis of Jordan Barber
Edis goes to penultimate email for £4k for stories including “Loo goes there”: last email has ‘Squaddy died of swine flu’
Edis says this email is useful “because it reminds us of accounting” system with forward system to Charlotte Hull who organised payment
“As per usual, here’s the OK from the boss” writes Sun journo. “That’s how it works quite regardless of Jordan Barber obtained the stories”
“This was an agreement to have the stories in the paper regardless of their origin or their public interest” says Edis.
Edis mentions other occasions when emails could have drawn attention to payment to officials: “she was happy that practice carried on”
Edis says you can “forget about public interest, because she’s only thought about it since… had nothing to do with that agreement”
Edis talks about Brooks’ “attitude to crime generally”: He says Brooks assertion she would break law for public interest “odd thing to say”
Edis says Brooks has said “nothing credible” about these payments.
Edis addresses Brooks’ assertion “I wasn’t policing’ [Sun Journalist]” – “What on earth was she doing” says Edis
Of public interest Edis says “it’s not up to you to decide whether you’ve committed a crime” That’s for CPS. “It isn’t a defence”
Edis: “This is very simple. Very clear. In black and white. Over and over again..a military official being paid. That’s all I have to say”
Jury now break until 11.30 on Monday.

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

Related Articles
The Route to Verdict: Justice Saunders Directions to the Hacking Trial Jury
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Stuart Kuttner Emails to Surrey Police over Milly Dowler
Kuttner Notes of Conversation with Goodman Just After his Arrest
Some of the Mysteries of Phone Hacking – Unlocked

Previous Posts
Hacking Trial Live Tweets – 30 Apr
Hacking Trial Live Tweets – 6 May
Hacking Trial Live Tweets – 7 May

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

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9 thoughts on “Hacking Trial Live Tweets – 8 May

    • Hi Andy, Still a few things to do before the jury can retire. We are waiting to hear if Clive Goodman will be well enough to complete his defence case. Then they are closing statements by all the defendants followed by the final summing up by the Judge. A few weeks may be, then we all sit and wait.

    • The trial is jumping around a bit while Goodman is assessed. The Judge has given the Jury some direction on assessing the evidence. The Prosecution has also given the first part of their closing statement. The last two days have been legal argument without the jury and so can’t be reported. Peter has no doubt been furiously taking notes.

  1. Ah! that explains the radio silence, look forward to reading your updates. Will these notes be reported after the verdict?

  2. Pingback: Hacking Trial Live Tweets – 14 May | Live Tweeting the hacking trial

  3. Pingback: Hacking Trial Live Tweets – 15 May | Live Tweeting the hacking trial

  4. Pingback: Hacking Trial Live Tweets – 16 May | Live Tweeting the hacking trial

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