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Crown Prosecution Service relied on information from police on phone hacking

04/04/2012

The Crown Prosecution Service relied on information from the police over the phone hacking investigation, the Director of Public Prosecutions has told the Leveson Inquiry.Keir Starmer was asked about his response to allegations the CPS made a deliberate decision not to prosecute a senior executive at News of the World over phone hacking in 2006.Starmer said his 2009 review of CPS advice to the Met during the original investigation, spanning 2006 to 2007, was based on information from the Metropolitan Police and leading prosecutor David Perry QC.News of the World royal reporter Clive Goodman and private investigator Glenn Mulcaire received prison sentences for hacking into the voicemails of members of the royal household. At the time, the newspaper claimed it was an isolated incident and called Goodman a "rogue reporter".The DPP said Simon Clements, head of the CPS special crime divisions, was under a huge amount of pressure at the time to provide a response to the Home Secretary, after the Guardian published a series of allegations about hacking at the News of the World in July 2009.The CPS were unable to contact the original prosecutor, Carmen Dowd, and had limited documentation on decisions made at the time. Starmer spoke to Perry about the case, but said he had a limited recollection of the facts.Starmer told the inquiry: "I needed to reconstruct the picture from the CPS point of view as quickly as possible. And so it was really the Guardian article that started the process and my thinking, but it was very rapidly followed by very many requests for more information, either from the press or from officials, so it was really all of that taken together that over the course of 9 July persuaded me that I needed to reconstruct the picture and do it rapidly."He said he told the statement of John Yates, the then-Met assistant commissioner who conducted a day-long review of the original investigation, at “face value” and did not appreciate how quickly it had taken place.When Guardian reporter Nick Davies gave evidence to the Commons Culture, Media and Sport Select Committee later in July 2009, he presented the "For Neville" email that suggested hacking could be widespread at the News of the World. Starmer sais he had not seen the email at that stage in 2009.The inquiry also heard from David Perry QC, appearing via video link from Northern Ireland, who said he was conscious of whether hacking extended past Goodman and Mulcaire when preparing the prosecution in 2006.He said: “I’m not sure that we had evidence in relation to other individuals and I think that what was being discussed at this stage was that the case went wider than the three original victims [from the royal household] but whether there would be evidence to establish how wide was not yet, or had not yet, been determined."I was concerned to discover whether this went further than just the particular individual with which we were concerned and I think I was conscious in my own mind that the q question had to be whether it was journalists to the extent of the editor.”Perry said the “door had been left open” to bring more prosecutions but the legal team had not seen any evidence with which to present a wider case.He said he was not aware that junior Met officers involved in the investigation, including DCS Keith Surtees and DCS Philip Williams, who have both appeared before the inquiry, were concerned not all evidence had been considered.Williams told the inquiry in February police were aware hacking could potentially be widespread in 2006. When asked whether editor Andy Coulson could have been involved, Williams said officers were aware of speculation but did not have any evidence.Former DPP Lord Macdonald said he was visited by Nick Davies in 2009 but had limited information on the 2006 investigation. He told the inquiry he had introduced a deliberate policy of broader media engagement within the CPS.He told the inquiry: “Contact between public bodies and journalists is strongly in the public interest, and I think we need to avoid a situation where public bodies feel that contact with journalists is something which is unprofessional or inappropriate.“I agree with the evidence given to the inquiry by Nick Davies that its not contact with journalists that is the problem, it is whether you allow that contact to corrupt your decision making."The inquiry heard Macdonald had regularly met with national newspaper editors, with the exception of Daily Mail editor-in-chief Paul Dacre.

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