By Nathan Jones-Sparkes

Next week News Group Newspapers (“NGN”), Rupert Murdoch’s publisher of the News of the World and The Sun, will finally face trial over allegations of stealing peoples’ private information (including by hacking their phones)and covering it up illegally.

n fact, the trial has already begun, with the last few days dedicated to the Judge reading the vast amount of background papers to the case.  But next Tuesday the barrister acting for the claimants, David Sherborne, will begin to present the Claimants’ case to the court, and the public will learn the extent of criminal behaviour alleged to have occurred at both the News of the World and The Sun.

The claims

The claimants who have made this trial possible are the Duke of Sussex, Prince Harry, and Lord (Tom) Watson of Wyre Forest, the former Deputy Leader of the Labour Party.

But before their own allegations are argued in detail, the “generic” elements of the case are first considered.  These are matters which are relevant – essential, even – to the Claimants’ cases, but which also go to broader questions about the practices of these newsrooms and the alleged cover-ups.

Fundamentally, it will ask: did illegal behaviour – including hacking  - happen at The Sun, when did it happen, who was responsible, and who knew about it?

This part of the case could also examine the way that huge amounts of email evidence in relation to the hacking scandal was deleted by News International (now News UK)which owns NGN, in an exercise it describes as an innocent process to “migrate” its emails to another system.  

It later blamed the former Prime Minister Gordon Brown and Lord Watson for the loss of emails, claiming that emails were lost when they were trying to protect them from being stolen and sold to Brown and Watson.

After the generic elements have been argued, the case will move on to the detail of the individual claims of Lord Watson and then Prince Harry .

In Prince Harry’s case, he alleges that a host of “unlawful information gathering”– so-called “UIG” - was committed against him. This includes blagging, which is when personal information is stolen by impersonation, landline phone tapping, and other types of theft of personal information.  He claims that this was committed by both journalists at both The Sun and News of the World, and by private investigators (“PIs”) working on their behalf.

Lord Watson’s claim also alleges these activities took place, as well as phone hacking at both titles.

Phone hacking is not included in Prince Harry’s claim, because a judgment previously found that prince Harry should have known he had been a victim of phone hacking over six years ago, and ought to have brought any phone hacking claim by then.

The stakes for The Sun have never been higher

While NGN has admitted that hacking took place at News of the World (between2001 and 2006) they have refused to accept that either hacking or any unlawful activity  happened at The Sun, too– despite repeatedly agreeing large settlements with other claimants.

Claimants who reject a financial settlement offer must not only win their case, but be awarded greater compensation in court than they would have received in the settlement.  Otherwise, they are liable for both sides’ legal costs – an amount which can easily run into the millions.  For this reason, NGN’s strategy of offeringhigh settlements has been very successful in helping them to avoid facing a court case and any adverse findings by a Judge.

But unless there is a last minute settlement in the next few days, all that will change next week.  

The extent of criminal behaviour alleged to have happened at The Sun will be put before the Court and the public – as well as who is alleged to have been responsible, and who is alleged to have covered it up.  Ultimately, the Judge will make findings in all of these areas.

Itis also possible that current, serving editors could face accountability for any role they may have had in any unlawful conduct or its cover-up.  If any of the findings contradict what they previously said at Part One of the Leveson Inquiry, they may face the risk of criminal prosecution for perjury.

Political consequences

In Opposition, the Labour Party was strongly committed to seeing through the Leveson Inquiry’s Part Two, which would investigate allegations of illegality at The Sun and other newspapers (the press argue that the extent of press illegality is already known, so Part Two is unnecessary).  

Yet since the election, the Government has indicated it is not inclined to proceed with Leveson Part Two after all.

Desperate, perhaps, to avoid hostile coverage in his newspapers, Sir Keir appears to have hitched his wagon to Murdoch – despite protestations from within his own Party which, by and large, remains committed to action on Leveson and press corruption.

A ruling in this case which confirms illegality and cover-up at The Sun would call into question the Prime Minister’s judgment on this.

There is overwhelming public support for Leveson Part Two.  The Prime Minister would have to explain why he had abandoned the party’s longstanding position on an issue, which was the subject of promises to victims of press corruption and abuse and which is widely supported by the public, to protect the interests of a news publisher which could, in the outcome of this case, be found to have broken the law and lied about it.

And for what – favourable coverage in his newspapers?  If that was his strategy, then it has proven itself as politically naïve as it is corrupt.

Uncovering the truth

We already know what Murdoch and his media allies are going to do throughout this 9-weektrial: they will ignore anything which damages their interests, and take shots at the claimants and their witnesses.

That’s why Hacked Off and Byline Times are teaming up to provide clear-eyed coverage of the biggest developments in this case, and reporting on what this case is really about: allegations of widespread illegal behaviour, subsequently covered up, at News Group Newspapers.

If you can help support our coverage of this important trial, please visit our joint Crowdfunder.