Showing posts with label CPS. Show all posts
Showing posts with label CPS. Show all posts

Wednesday, January 26, 2011

The glaring contrast between police investigations of Sheridan for perjury and the Murdoch press for phone hacking

The three year jail sentence given to Tommy Sheridan for perjury is considerably longer than many offenders get for serious violent assaults. Irrespective of whether you believe Sheridan is guilty or not, this underlines the fact that this trial has a large political element, with the establishment parties, the police and the Murdoch media empire closing ranks to punish those who resist them.

When police suspected Sheridan of perjury in a case against the News of the World they made a surpise raid on his house with thirty officers, interrogated his wife and accused her of theft of airline miniature drinks (her employer British Airways later exonerating here) and of using “terrorist techniques” when she said her lawyer had advised her not to answer their questions (1) – (2).

When the News of the World is suspected of illegally hacking thousands of peoples’ phones, including Tommy Sheridan’s, the police write the newspaper polite letters asking them if they have any evidence they would like to provide them with, hide evidence of whose phones were hacked from victims and from the Crown Prosecution Service; and say they’ve no legal obligation to investigate or charge all those involved (3) – (10).

They politely interview Andy Coulson, the former News of the World editor (and until recently chief spin doctor to Prime Minister David Cameron) – and decide he has no charges to answer, despite former News of the World journalists saying he must have been aware of the systematic phone hacking carried out routinely by the paper’s journalists (3) – (10).

The News of the World says it has “impounded” the computer of one of their staff who is being investigated by police in order supposedly as part of an “internal inquiry” to look for any evidence he was breaking the law – in fact giving them the opportunity to delete emails and other evidence if they want to (11). Would Tommy Sheridan have been allowed to investigate his own computer, rather than the police doing it? Why is the News of the World trusted to investigate itself? The obvious answer is that it has political friends in high places - and the votes of those stupid or gullible enough to read and believe it for sale.

Rupert Murdoch’s papers have helped the winning parties into power in every election since 1979. It was Sky News and the Sun newspaper who set up Gordon Brown in the Mrs Duffy affair for example – though Duffy turned down the Sun’s attempt to bribe her to say she would vote Conservative. Sky and the Sun, like the News of the World, are owned by Rupert Murdoch’s companies (12) – (13).

This episode tells you all you need to know about how impartial the UK’s police and legal system are; little justice here – and lots of protecting those with power and influence.


(1) = Herald 22 Mar 2008 ‘'No charges' for Gail Sheridan over drink miniatures’, http://www.heraldscotland.com/no-charges-for-gail-sheridan-over-drink-miniatures-1.877085

(2) = Herald 03 Dec 2010 ‘Crown drops more Sheridan perjury charges’, http://www.heraldscotland.com/mobile/news/crime-courts/crown-drops-more-sheridan-perjury-charges-1.1072224 ; (scroll down to sub-heading near bottom of article)

(3) = guardian.co.uk 7 Jan 2011 ‘Met asks News of the World for new phone hacking evidence’, http://www.guardian.co.uk/media/2011/jan/07/met-news-of-the-world-phone-hacking

(4) = Independent 13 Jan 2011 ‘Scotland Yard fights to keep phone-hacking targets a secret’,http://www.independent.co.uk/news/uk/home-news/scotland-yard-fights-to-keep-phonehacking-targets-a-secret-2183196.html

(5) = guardian.co.uk 6 Jan 2011 ‘Tommy Sheridan to sue NoW and Met over phone hacking’,http://www.guardian.co.uk/politics/2011/jan/06/tommy-sheridan-sues-phone-hacking

(6) = guardian.co.uk 07 Sep 2010 ‘John Prescott to sue Met over phone hacking details’,http://www.guardian.co.uk/media/2010/sep/17/john-prescott-sues-met-mulcaire

(7) = guardian.co.uk 02 Sep 2010 ‘MP demands judicial inquiry into News of the World phone-hacking claims’, http://www.guardian.co.uk/media/2010/sep/02/mp-news-of-the-world-inquiry ; ‘According the New York Times: "The officials didn't discuss certain evidence with senior prosecutors, including the notes suggesting the involvement of other reporters, according to a senior prosecutor on the case. The prosecutor was stunned to discover later that the police had not shared everything. 'I would have said we need to see how far this goes' and 'whether we have a serious problem of criminality on this news desk,' said the former prosecutor."....Referring to this allegation in his letter to No 10, Watson wrote: "The testimony given to the NYT is that the police did not share all the relevant information with the CPS. And that if they had done, the CPS would have reached different conclusions. These are clear grounds for a judicial inquiry. Please can you confirm your intention to recommend one."

(8) = guardian.co.uk 05 Sep 2011 ‘MPs seek fresh investigation into News of the World phone hacking’, http://www.guardian.co.uk/media/2010/sep/05/mps-seek-phone-hacking-investigation

A note of a case conference between police and the CPS records that detectives recommended that "the appropriate strategy is to ringfence the case to minimise the risk of extraneous matters being included".

In a briefing note for ministers produced earlier this year, Dean Haydon, Yates's staff officer acknowledged: "Minimal work was done on the vast personal data where no criminal offences were apparent."…

The specific allegation that No 10 communications director Andy Coulson had known about phone hacking when he was editor of the News of the World were "recycled", a senior cabinet minister, Michael Gove, said.

He said the police decided "there was no case to answer" over claims public figures had their phones tapped while Coulson was editor.’

(9)  = New York Times 01 Sep 2010 ‘Tabloid Hack Attack on Royals, and Beyond’, http://www.nytimes.com/2010/09/05/magazine/05hacking-t.html

The litigation is beginning to expose just how far the hacking went, something that Scotland Yard did not do. In fact, an examination based on police records, court documents and interviews with investigators and reporters shows that Britain’s revered police agency failed to pursue leads suggesting that one of the country’s most powerful newspapers was routinely listening in on its citizens.

The police had seized files from Mulcaire’s home in 2006 that contained several thousand mobile phone numbers of potential hacking victims and 91 mobile phone PIN codes. Scotland Yard even had a recording of Mulcaire walking one journalist — who may have worked at yet another tabloid — step by step through the hacking of a soccer official’s voice mail, according to a copy of the tape. But Scotland Yard focused almost exclusively on the royals case, which culminated with the imprisonment of Mulcaire and Goodman. When police officials presented evidence to prosecutors, they didn’t discuss crucial clues that the two men may not have been alone in hacking the voice mail messages of story targets.

“There was simply no enthusiasm among Scotland Yard to go beyond the cases involving Mulcaire and Goodman,” said John Whittingdale, the chairman of a parliamentary committee that has twice investigated the phone hacking. “To start exposing widespread tawdry practices in that newsroom was a heavy stone that they didn’t want to try to lift.” Several investigators said in interviews that Scotland Yard was reluctant to conduct a wider inquiry in part because of its close relationship with News of the World.’

(10) = guardian.co.uk 01 Sep 2010 ‘Andy Coulson discussed phone hacking at News of the World, report claims’, http://www.guardian.co.uk/media/2010/sep/01/andy-coulson-phone-hacking-allegations

(11) = guardian.co.uk 03 jan 2011 ‘Internal inquiry launched into News of the World phone hacking’, http://www.guardian.co.uk/media/2011/jan/13/internal-inquiry-phone-hacking

(12) = BBC News 28 Apr 2010 ‘Gordon Brown 'bigoted woman' comment caught on tape’,http://news.bbc.co.uk/1/hi/uk_politics/election_2010/8649012.stm

(13) = Independent 30 Apr 2010 ‘How Mrs Duffy refused to dance to anti-Brown tune played by ‘The Sun’’, http://www.independent.co.uk/news/uk/politics/how-mrs-duffy-refused-to-dance-to-antibrown-tune-played-by-lsquothe-sunrsquo-1958667.html

Friday, July 23, 2010

Join the police and get away with murder

Ian Tomlinson lies dead or dying after being hit with a baton and then knocked to the ground by policeman Simon Harwood. As in the Jean Charles De Menezes case the Crown Prosecution Service refused to bring any charges.

Keir Starmer, the Director of Public Prosecutions, claims there is no realistic prospect of a prosecution against Police Officer Simon Harwood for the death of Ian Tomlinson succeeding despite video evidence and many eyewitnesses (1) – (3). Two reputable pathologists also say Tomlinson died of internal bleeding caused by “blunt force trauma”. They say the likely cause is the baton attack on Tomlinson by Harwood and/or him pushing Tomlinson over onto the pavement (4) - (5).

Liver disease caused by Ian Tomlinson's alcoholism made him more vulnerable to these kind of injuries according to the pathologists. It's also unlikly Harwood was deliberately trying to kill Tomlinson, but his actions were clearly assault - and since they also caused Tomlinson's death - manslaughter

Mr Starmer claimed the lack of a prospect of a successful prosecution was due to the “fundamental disagreement between the experts about the cause of Mr Tomlinson's death”, as if the word of Dr. Patel, who is facing multiple disciplinary hearings from the General Medical Council over his conduct of previous pathological reports – and is banned from carrying out further ones for the Home Office, is testimony as reliable as that from two other pathologists, neither of whom are facing any charges (5).

The delay of over 6 months by the DPP in coming to a decision on whether to bring charges against the policeman involved is very convenient for that officer as it means no assault charge can be brought against him (6).

The Crown Prosecution Service’s website claims that “The CPS exists to ensure that wrongdoers are brought to justice, victims of crime are supported and that people feel safer in their communities.” (7)

After going out of their way to prevent anyone being brought to justice for the killings of Jean Charles De Menezes or Ian Tomlinson, perhaps they should add the qualification “unless those responsible are police officers, in which case we’re here to make sure they get off with it”.

They might as well put up recruitment signs saying “Join the police and get away with assault, GBH, mansalughter, maybe even murder!”.

Those newspapers which reported false police claims that officers had tried to help Tomlinson while being pelted with bottles and bricks by protesters should be made to correct those false claims with headlines just as prominent (8). Multiple eye-witnesses say Tomlinson was helped by protesters who phoned an ambulance while police ordered them to “move on”. They also said the only bottles thrown were plastic ones, by people in the centre of the crowd who didn’t know what was going on – and stopped when they were told (9).

In China a woman was beaten for 15 minutes by police officers for trying to petition a Communist Party Official about a problem. The beating stopped when police realised she wasn’t a petitioner but the wife of the official, which, apparently, is the only reason it’s news, as it’s common to assign police to beat up petitioners to discourage them from complaining to officials (10). So much for free market reform bringing democracy to China. So far, at least, it’s clearly not working.

In the US something similar happened to a black man suspected of being on drugs when he refused to change into a medical gown in a hospital. Hospital security guards began beating and tasering  him until they found out he was the nephew of Supreme Court Justice Thomas Clarence (11).

It seems that wherever you go in the world, democracy, dictatorship or one party state, police can break the law by beating people for little or nothing, even commit manslaughter or murder, and get off with it. That doesn’t seem that democratic.

(1) = CPS ‘The death of Ian Tomlinson - decision on prosecution’, http://www.cps.gov.uk/news/articles/the_death_of_ian_tomlinson_decision_on_prosecution/ , (for summary see BBC News 22 July 2010 ‘G20: No charges over Ian Tomlinson demo death’,http://www.bbc.co.uk/news/uk-england-london-10723274 )

(2) = Guardian 07 Apr 2009 ‘Ian Tomlinson death: Guardian video reveals police attack on man who died at G20 protest’, http://www.guardian.co.uk/uk/2009/apr/07/ian-tomlinson-g20-death-video

(3) = Guardian 08 April 2009 ‘Ian Tomlinson death: G20 witnesses tell of dogs, batons and an attack by police’, http://www.guardian.co.uk/uk/2009/apr/08/g20-ian-tomlinson-death-witnesses

(4) =  BBC News 22 July 2010 ‘G20: No charges over Ian Tomlinson demo death’,
http://www.bbc.co.uk/news/uk-england-london-10723274 - see sub-section headed ‘Analysis’ half-way down the page and to the right of the main report, which says ‘In the case of Mr Tomlinson, two pathologists - one instructed by the police and the other by his family - agreed that he died partly from internal bleeding caused by "blunt-force trauma".But the first examination was carried out by Dr Freddy Patel, a Home Office pathologist, who says Mr Tomlinson died of a heart attack. ‘

(5) = BBC News 22 July 2010 ‘Tomlinson pathologist facing GMC’,http://www.bbc.co.uk/news/uk-10729545

(6) = BBC News 22 July 2010 ‘G20: No charges over Ian Tomlinson demo death’,http://www.bbc.co.uk/news/uk-england-london-10723274 ‘Jenny Jones, a member of the Metropolitan Police Authority, said......."If everybody had moved a bit faster wemight have actually been in the time-frame for an assault charge to be brought," ‘

(7) = Crown Prosecution Service ‘Your CPS’, http://www.cps.gov.uk/yourcps.html

(8) = e.g Evening Standard 02 Apr 2009 ‘Police pelted with bricks as they help dying man’, http://www.chickyog.net/wp-content/uploads/2009/04/esp67-02042009.pdf

(9) = Guardian 08 April 2009 ‘Ian Tomlinson death: G20 witnesses tell of dogs, batons and an attack by police’, http://www.guardian.co.uk/uk/2009/apr/08/g20-ian-tomlinson-death-witnesses

(10) = Guardian 22 July 2010 ‘Chinese police beat official's wife by mistake’,http://www.guardian.co.uk/world/2010/jul/22/china-police-beat-wife-official

(11) = ABC News 09 July 2010 ‘Judge Clarence Thomas' Nephew Derek Tasered by Hospital Staff, Family Says’, http://blogs.abcnews.com/thenote/2010/07/judge-clarence-thomas-nephew-derek-tasered-by-hospital-staff-family-says.html