Hacking Trial Live Tweets – 2 June

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

Monday 2 June 2014

Cheryl Carter Closing Statement
Trevor Burke QC presents the Closing Statement for Cheryl Carter
Cheryl Carter’s Character
The Prosecution Case
Carter’s Arrest and Police Interviews
History and Analysis of the Evidence
Counsel for Cheryl Carter concludes her Defence Case

Cheryl Carter Closing Statement
Trevor Burke QC presents the Closing Statement for Cheryl Carter
Last week before jury retire in the #hackingtrial – will miss some of the sights on my daily walk to the Old Bailey
Don’t do product placements but my @appleipad and @logitech keyboard survived 2.5 million keystrokes #hackingtrial
On the last three closing addresses by the defence at #hackingtrial: Trevor Burke QC is about to address the jury on behalf of Cheryl Carter
Burke explains how Carter has had mild panic attacks and has had to leave the dock in the last couple of weeks
“She’s taken the dock this afternoon… nothing more embarrassing than a defendant fleeing the building” jokes Burke about Carter
Burke goes through Carter’s “very positive defence” to the allegations made against her.
Cheryl Carter’s Character
Burke has four broad categories in Carter’s defence: first her character: secondly, her initial witness statement and then police interview
Burke says the jury will only need one bundle for her defence “decisive to your ultimate decision”
First Burke turns to Carter: “what kind of woman are we trying here? What did you make of her?” Burke asks the jury
BREAKING: “Has there ever been a more unlikely character to stand in the dock of the Old Bailey than Cheryl Carter” asks he QC Trevor Burke
“Cheryl Carter has led a blameless life” says Burkes: “a good person… with a very big heart, which she wears on her sleeve”
“She’s worked long long hours in the services of a very successful, and sometimes very demanding boss” says Burke of Carter.
Burke talks about how Carter’s family is central in her life
The Prosecution Case
Burke says the prosecution case is that Carter: “consciously embroiled her only son in this criminal enterprise… put her in harms way”
“Cheryl Carter is not a lawyer” says Burke of Edis claim that Carter wasn’t making her son a part of a conspiracy because he didn’t know.
Burke goes through the evidence of Nick Carter, who moved the seven archive boxes to the family home on 8th July 2011
Burke says Carter would not have known her son would not be prosecution “such a sophisticated suggestion… preposterous”
Burke says Carter would suffer “a thousand deaths” rather than let her own son be interviewed by police.
“Does it not prove that she didn’t think she was doing some wrong, proven by the fact she recruited her own son to help her” says Burke
Burke goes through the evidence that Nick Carter would collect beauty samples when Carter worked on executive floor of News International
Burke talks about how Carter nearly “fell off the stool because her feet didn’t touch the floor” in the witness box
Burke reminds the jury how Carter said “thank you Mr Edis” after cross examination.
Burke talks about Carter being “scatty” and the two “accounts” of MFI/Mi5 and Miliband brother confusion: “light relief in tedious trial”
“Instead of laughing along with the rest of us” says Burke of prosecution who claim they were “fabricated… to give false impression”
“Why did the Crown take such exception to two humorous episodes?” says Burke of MI5 and Miliband stories: he talks of burden of proof
“A pretty bruising fistfight” says Burke of the trial: “they’ve approached Carter’s case… everything she says is a lie.”
“There’s no subtlety about it” says Burke of prosecution case: “It’s all lies”: Burke talks of Deborah Keegan cross examination
Burke says Edis gave the impression “Mrs Keegan had a kilo of heroin in her handbag” because Keegan and Carter were friends.
“It’s attacked because Cheryl said it: it’s attacked because Rebekah said it… that’s how unsubtle this prosecution is” says Burke
“In 30 years of practising at the bar I’ve always wanted to call an archdeacon as a willing defence witness” says Burke of Carter’s witness
Burke of character witnesses: “Imagine my disappointment when Mr Caplan calls the Archbishop of Canterbury”: “Ex” says Justice Saunders.
Carter’s Arrest and Police Interviews
Burke talks about the police search of Carter’s house in November 2011: “a police raid… armed with search warrant… worrying experience”
“Not so for Cheryl” says Burke of police raid: “she saw it as a social occasion. Broke out the family silver for tea and biscuits”
Burke then talks of the “same breezy optimistic way” Carter dealt with her arrest in 2012: only “upset” when it appeared on Sky News.
Burke turns to the decision to charge Cheryl Carter after “a very long day” of interviews.
06/01/12 Carter arrested: “But sixteen days from emigrating to Australia… gives the CPS sixteen days to resolve the issue”
Burke points out the house had been sold and all set to go to Australia when police confiscated Carter’s passport in Jan 2012
Burke says Carter told her family to go ahead to Australia: “she had such a touching faith in our system” says Burke.
Burke talks about the “heart rending scene” as Carter waved goodbye to her family going off to Australia. They rent house in Perth for year
“Then disaster, she was charged in March” says Burke of his client Carter. The family return “their hopes put on hold”
Burke says Carter’s character is “relevant in two aspects”: 1 jury is entitled to acknowledge she is of “impeccable character”
Secondly Carter’s “good character… goes to the heart of her credibility as a witness” says Burke. “Give it a proper weight”
Burke takes the jury to a police note of her comments when searching her home 25/11/11 – four months after removal on 08/07/11
Burke talks of important “police discoveries” since July 2011: the transfer documents from Nick Mays, interviews with Keegan, Nick Carter
Burke says Nick Carter told the police the truth about the removal of the boxes “because he’s brought up that way”
Carter was en route back from Australia, via Singapore, that very day of the police search.
“If guilty, you’d think Carter would be straight on the phone to Rebekah Brooks” says Burke “what shall I tell them?”
“The one person she doesn’t call is Rebekah Brooks” says Burke of Carter on learning of her son’s interview.
Burke says the police note of that first search “is really quite important”: Carter says archivist Eamon Dyas asks her to move boxes
In that original statement, Carter said Brooks was at a bootcamp during removal of box from archives.
Burke addresses the errors in this initial statement: archivist Eamon Dyas consistently confused with Nick Mays – still happens
Burke explains why Carter linked removal of boxes with Boot Camp week: “must have been that week because Rebekah wasn’t in office”
“History now relates Mrs Carter was right in one important respect… she doesn’t collect the boxes until… Rebekah… at Town Hall meeting
Burke then talks about how Brooks had training with Zac, her personal trainer, in basement of NI every morning that week in 2011
“It’s the fumbling best efforts of Mrs Carter” says Burke over these errors in initial police statement, rather than lies alleged by Crown
Burke now goes through Carter’s initial statement, about a call from Nick Mays about “removing boxes from archives”
Burke says “Cheryl Carter was struggling to help the police… and they weren’t struggling to help her!”
“For the first time in relation to these boxes she phoned Rebekah Brooks.. shortly after Police left her home” says Burke of Carter.
“It doesn’t take long to contemplate the significance of this phone call if they were involved in a conspiracy” says Burke of Carter call.
Burke says there would have been a call from Brooks to correct first erroneous statement of Carter if there had been a conspiracy.
“Despite the fact they have from November to January to get their stories straight” Carter persists with the errors over Boot Camp.
Burke says there was no conspiracy because Brooks had no idea Carter had removed the boxes
“I don’t want to make a Federal case” says Burke of early arrest: “Mrs Carter was locked in a police cell for five hours!”
“Five hours in a police cell is a pretty frightening experience” says Burke “Maybe that’s why they do it”
Burke talks about being followed by a police car late a night “people are nervous of the police”
“You may well conclude she was pretty much on the back foot” says Burke of Carter by the time of her police interview in 2012.
Burke says the “persistence of confusion” about archivists and Boot Camp details prove Carter and Brooks “hadn’t put their heads together”
“For fuck sake, where will I put all these documents!” quotes Burke Caret from police interview: “True, Deborah Keegan remembers that”
Burke goes through the personal training emails Carter organised for Brooks which explains the “obvious confusion” over date of box removal
Burke goes through the rest of Carter’s police interview: most of it “absolutely true” he says
BREAKING: Cheryl Carter’s mother-in-law’s garage still contains Brooks’ Man City memorial T-shirt “who ever wants it can ask” says Burke QC
The Mystery of the Missing Man City Framed Football Shirt has been Solved, finally, thanks to Trevor Burke QC at the #hackingtrial
Burke reminds jury that says Carter says she knew “you couldn’t use archive for any old shit”
Burke jokes that the prosecution case on Count 6 can be boiled down to this: is archives “any old shit” or not?
On a more serious note, Burke goes to the “critical” email from Carter “the only one where plain English approach” doesn’t work says Crown
Burke addresses Crown’s suggestion that this email about boxes is “a completely bogus… sophisticated, clever, concocted false defence”
Carter email had told archivist the boxes were filled with her own beauty archives.
“It’s not much good making a false defence if you don’t use it” says Burke of this allegedly concocted email about beauty books in archives
15 mins break
History and Analysis of the Evidence
Burke back on his feet for his closing speech on Cheryl Carter at the #hackingtrial – now onto his 3rd part “a historical analysis”
Burke goes back 1994 when Brooks became an exec. 95 Carter temps for Brooks after working at Mirror. 96 becomes full time PA.
In 1998, “Office Move Number 1” as Brooks moves back to the Sun. In 2000 Brooks moves to NOTW editorshipp: 5 boxes filed from NOTW editor
Milly Dowler goes missing in March 2002 “a particularly significant date in terms of the trial” says Burke. Brooks moves to Sun in Jan 2003
By January 2004 the total number of archive boxes from editor’s office is 11. 2007 – another six boxes archived. Carter gets Australian visa
By September 2009 there are 20 archive boxes under the editorial office – 15 after Milly Dowler goes missing.
15/09/09 Brooks made CEO and the seven boxes – labelled R Brooks notebooks – are archived
Burke adds an email about to jury bundles about Carter’s nervousness over moving to the deep Carpetland of the Executive floor.
Carter accepts that Rebekah Brooks Notebooks 1995 – 2007 archive list probably came from a post -it note she left on seven boxes.
Burke points out there is no evidence that Brooks knew of this archiving of 7 boxes in 2009:
Burke says “you can be absolutely sure” Carter did not fill in the transfer document for the archives: someone in the archive department
“The thing that alerted Carter” to the fact she didn’t write the transfer list was “she would never use ‘nee Wade’ ” for Brooks’ maiden name
Burke says there would 31 boxes in archives associated with Brooks , “all of which cover the period of the indictment”
Burke goes through arrests of Thurlbeck, and Chris Bryant using parliamentary privilege to say Brooks was editor of NOTW during hacking
Burke is now going through the arrest of Weatherup, and Brooks fears of being arrested in April 2011.
Burke asks the jury to remember Nick Mays, NI archivist, and recalls Edis’ description of him “the life and soul of the party”
“To Nick Mays, he draws a distinction” between the difference between archive, storage, paid storage and temporary storage.
Burke says the most “critical” email for his client is Nick Mays contacting Carter about memorabilia during TMS move, including JRM portrait
“Whatever Mays was attempting to convey” says Burke of archivists distinction between archive/storage: “no doubt of Carter’s interpretation”
Burke points out that only 7 of the 31 boxes associated with Brooks were ever withdrawn: if there was a conspiracy “get all of them”
“Only the seven of them that gone missing have any consequence to the crown” says Burke of missing archive boxes.
Burke reminds the jury Carter was in dispute over a beauty brand from June 2011 “upset about… being cut out of the business”
“Operation Elveden begins” in June 2011 also Burke reminds the jury.
Other emails about ‘Charlie’s silver’ etc, mentioned by Burke in relation to the Count 6 charge against his client Cheryl Carter
Burke says the request to move boxes on 08/07/11 “could have been a chance” she said, related to trademark dispute over beauty brand.
Brooks writes to a lawyer in July getting help for Carter in her dispute over a beauty brand
Mr Mesquita was a lawyer from Farrer’s who Carter was in contact with about brand dispute 28 hours before closure of NOTW announcement
“I cannot categorically state” asks Burke for Cater “but maybe the retreival of those boxes had to do with her trademark dispute”
Immediately after the meeting with Mesquita, Carter is in urgent contact with the archivist’s office:
Burke says that if the jury think Carter was retrieving boxes for a dispute over her trademark brand then the prosecution’s case is over
Burke says the 7 archive boxes were expedited because they were added to material for the last edition of NOTW.
Burke addresses the movements of Carter to the Brooks’ household in Oxfordshire, three days after retrieving the boxes.
Carter met Deborah Weir, driving 1.5 hours to give her a hug and some jam: prosecution says she was returning boxes.
Burke address the issue whether Carter’s email to Mays is a lie “entire weekend looking through files” even though she went to Oxfordshire
“She can accommodate a brief trip down to Oxfordshire to meet Mrs Weir for lunch” says Burke.
“It was a human act of kindness to a woman she respected, there was no other explanation required” says Burke of Carter’s trip to Oxford.
Burke says if the jury believe the email Carter sent to Mays about looking through her beauty books then the case is over.
Burke addresses prosecution case against Brooks would be much stronger with notebooks “rampacked with information” about hacking etc.
“Your interpretation of this particular email will probably unlock the entire case for you” says Burke of Carter’s email to the NI archivist
15/07/11 Brooks officially designated a “person of interest” by the police and leaves building. 28/07/11 Carter visits the Brooks’ again
Cheryl Carter, accompanied by new solicitor Henri Brandman, then attends Putney police station to identify articles for the police
Burke talks about the 30 beauty cuttings books Carter said she destroyed: NI have never turned up any of these books.
Counsel for Cheryl Carter concludes her Defence Case
Burke outlines Carter’s case: she couldn’t archive beauty books in own name, so put the name of Brooks’ on boxes instead.
“You really need to ask yourself how close were Cheryl and Rebekah” – Brooks knew nothing of Carter’s trip to Australia, or move to Sun
“They’re not that close. They’re pretty close and they’re best pals. But don’t run away with the idea” says Burke of Brooks and Carter.
Burke points out that if “Count Six were taken in isolation the trial would take about a week”
“Having a porn collection is nothing to do with her” says Burke of the charges Carter faced: but phone hacking and misconduct is.
“Count six relies on the assumption that Rebekah Brooks is guilty of” the phone hacking and misconduct charges points of Burke.
Burke says that Count Six implies “Brooks is confessing to Carter”: “Count 6 is based on a substantial number of assumptions” says Burke
Burke says it’s not necessary for jury to resolve issues in dispute: he says the email to NI archivist after moving boxes could be enough
“Would such a friendship, with the respect they have for each other, turn into a criminal conspiracy?” asks Burke of Carter and Brooks
Burke tells the jury not to be timid: they are not relative strangers after 7 months.
Burke tells the jury to speak up for his client Cheryl Carter if they have something to her case “and you’ll get the right verdict”
Back tomorrow at 9.45 am

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
Those Rogue Reporter Emails
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 – 28 May
Hacking Trial Live Tweets – 29 May
Hacking Trial Live Tweets – 30 May

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

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