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CPS not given key evidence in hacking case

Pressure on Scotland Yard as prosecutors say detectives did not give them a key email in News of the World phone-hacking case

Scotland Yard will come under fresh pressure today to reopen its inquiry into phone-hacking and the News of the World after prosecutors said they were never handed a document that appeared to implicate another of the paper’s senior staff.

The Crown Prosecution Service told the Guardian that detectives did not give them a key email naming the tabloid’s chief reporter, Neville Thurlbeck.

In the email, a junior News of the World reporter has copied a transcript of more than 30 messages hacked from the phones of the Professional Footballers’ Association chief executive, Gordon Taylor, and his legal adviser Jo Armstrong.

The email recorded that the transcript had been prepared “for Neville”.

The News of the World has consistently claimed that the hacking of voicemail by a private investigator involved only one rogue journalist, their royal reporter Clive Goodman, acting alone.

The CPS confirmed that the email was not “physically” provided to them as evidence to support the prosecution of Goodman and private investigator Glen Mulcaire.

Instead it formed part of a bundle of documentary evidence that was retained by the police. Prosecuting counsel would have seen it, but as it had no specific relevacne to the case, the wider significance of it would not have been obvious.

Keir Starmer, the director of public prosecutions, last week carried out an internal review of the 2007 files and decided not to reopen them, saying that the case had been properly dealt with at the time based on the evidence provided to them by the police.

In a new statement, the CPS said: “The email was not in the possession of the CPS and so did not form part of the examination that the DPP carried out earlier this week.”

The statement added: “The DPP is now considering whether any further action is necessary.”

This development follows previous disclosures that:

• Police never interviewed Thurlbeck or other journalists named, according to the paper.

• Police failed to warn everyone who may have been hacked and are now still in the process of informing people who were potential targets.

• Police did not investigate the possibility the tabloid’s private eye succeeded in hacking the phones of many other targeted public figures, including the former deputy prime minister John Prescott.

The previously unknown email was one of the documents obtained by the Guardian and was provided to the House of Commons media select committee. The committee is due tomorrow to question the News of the World’s then editor, Andy Coulson, on his claims of ignorance.

The Guardian also handed over a contract in which the News of the World’s then assistant editor for news, Greg Miskiw, agreed to pay a bonus of £7,000 for information about Taylor. The CPS says that, unlike the email, that contract was passed to prosecutors by police, and was available to them as part of the evidence.

At the time of the investigation, Miskiw was no longer working for the News of the World, having left in 2005.

The documents only came to light because victims took legal actions in which police were required to hand over “unused material” they had obtained in a raid on the private detective concerned, which garnered a mass of paperwork.

The Guardian two weeks ago disclosed that the News of the World then paid more than £1m to secretly settle the legal actions by Taylor and two other figures from the football world.

Their lawyers had uncovered the evidence that other journalists had been involved.

Scotland Yard’s original inquiry began in December 2005 after members of the royal household suspected their voicemails were being intercepted.

In January 2007, the News of the World’s royal reporter, Clive Goodman, and Mulcaire, were jailed as a result. But their guilty pleas avoided a full trial at which more evidence may have come out.

More evidence may now be disclosed in legal actions being brought by other hacking victims, including the celebrity publicist Max Clifford, who has hired Taylor’s legal team.

News International said in an earlier statement that, apart from Goodman, “the police have not considered it necessary to arrest or question any other member of the News of the World staff”.

After saying last week that “where there was clear evidence that people had been the subject of tapping, they were all contacted by the police”, Scotland Yard 24 hours later announced that they were now also contacting people where there was a suspicion that they had been hacked

Statements from the DPP and Scotland Yard indicate that to avoid the case becoming unmanageable, they investigated at the time only a small sample of half a dozen, choosing those where evidence was strong, corroboration was available and the victims were willing to testify.

Tomorrow the spotlight moves to News International figures due to give evidence to the media select committee. As well as Coulson, listed witnesses include the paper’s former managing editor Stuart Kuttner and its current editor, Colin Myler.

The committee reopened its inquiry after noting “some contradiction” between disclosures in the Guardian and evidence given two years ago by News International’s then chairman, Les Hinton.

So far, the News of the World has remained silent following publication of the Thurlbeck and Miskiw documents.

The Metropolitan police said in a statement that the CPS trial barristers would have seen the Thurlbeck email at the time, because it had been in the police’s own files of “unused material”.

Scotland Yard did not explain why detectives had not followed it up, or turned it over to the DPP in their original submission of evidence.

The CPS said that “as in every case”, “The unused material was seen by prosecution counsel to determine whether or not it was capable of assisting the defence case.”

The Thurlbeck email would have been irrelevant to the Goodman and Mulcaire defence.

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Tories to force Commons vote on hacker case

Shadow home secretary says he hopes MPs will send a message to the government that hacker should be tried in UK not US

The Conservatives will today use a Commons vote to signal their opposition to the proposal to extradite Gary McKinnon to the US to face trial for hacking into American military computers.

Chris Grayling, the shadow home secretary, said he hoped MPs would “send a message” to the government that McKinnon, who has Asperger’s syndrome, ought to be put on trial in the UK and not in the US, where he faces a sentence of up to 60 years.

McKinnon is still using the courts to try to block his extradition and MPs will not vote directly on his case. But the Tories have tabled a motion expressing “very great concern” about the way the extradition system is working and calling for the Extradition Act 2003 to be reformed “at the earliest opportunity”.

The Tories are hoping that the Liberal Democrats and some Labour MPs will support them when the Commons votes on the motion this afternoon.

Ministers claim that the act, which affects extradition between the UK and the US, has benefited both countries and that the government does not have the power to stop McKinnon being sent to face trial in the US.

McKinnon, who is being backed by a high-profile Daily Mail campaign, yesterday asked the high court to overturn the refusal of Keir Starmer, the director of public prosecutions, to put him on trial in the UK on charges of computer misuse. If there were no UK prosecution, McKinnon would inevitably be extradited to stand trial in the US, the judges heard.

The court reserved judgment and said it hoped to give a decision in writing by the end of July.

McKinnon has admitted computer hacking and leaving a message in US military systems saying “I will continue to disrupt”, but his lawyers said his intention was only to cause “temporary impairment”, not lasting damage to the system.

They argue that his extradition would lead to “disastrous consequences”, including possible psychosis and suicide, because of his medical condition, which is on the autistic spectrum.

This morning Grayling told BBC Radio 4′s Today programme: “People on the autistic spectrum find it very difficult to deal with a big change in surroundings. To extradite somebody in that position to the US to a strange environment is undoubtedly going to cause health issues for Gary McKinnon. In the past, where there have been similar cases, we have seen trials take place in the UK.

“There is no doubt that an offence has been committed; Gary McKinnon has admitted that. But why on earth is this trial not taking place in the UK?

“I hope the House of Commons will send a message to the government that really this is not what the extradition system is supposed to do. These new rules were set up for very serious offences, for terror offences. I don’t believe parliament ever intended them to be used to extradite somebody with autism issues to face a charge like this.

“There are some suggestions that the home secretary has more powers to intervene than have so far been used.”

But the Home Office dismissed this claim. It said that the home secretary did not have the power to block McKinnon’s extradition.

“The case of Gary McKinnon remains before the courts. As such it would not be appropriate for us to comment on it in detail, except to say that this case has been subjected to the closest attention and to the greatest possible procedural fairness. The home secretary [then Jacqui Smith] gave very careful consideration before deciding in July 2006 to order extradition,” the statement said.

“It is important to be clear that, under the terms of the Extradition Act 2003, the home secretary must order extradition unless certain limited conditions are met. The courts have already said that those conditions are not met in Mr McKinnon’s case; and his attempts to defeat the US request have since been dismissed by the high court, the House of Lords and the European court of human rights.

“The information that must be provided by both the United States and the United Kingdom is effectively the same. The United Kingdom must demonstrate ‘probable cause’ to the United States courts, while the United States must demonstrate ‘reasonable suspicion’ to ours.

“Extradition is a key crime-fighting measure in our increasingly globalised world and, within what the law permits, we give maximum assistance to all of our extradition partners.”

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Tories to force Commons vote on hacker case

Shadow home secretary says he hopes MPs will send a message to the government that hacker should be tried in UK not US

The Conservatives will today use a Commons vote to signal their opposition to the proposal to extradite Gary McKinnon to the US to face trial for hacking into American military computers.

Chris Grayling, the shadow home secretary, said he hoped MPs would “send a message” to the government that McKinnon, who has Asperger’s syndrome, ought to be put on trial in the UK and not in the US, where he faces a sentence of up to 60 years.

McKinnon is still using the courts to try to block his extradition and MPs will not vote directly on his case. But the Tories have tabled a motion expressing “very great concern” about the way the extradition system is working and calling for the Extradition Act 2003 to be reformed “at the earliest opportunity”.

The Tories are hoping that the Liberal Democrats and some Labour MPs will support them when the Commons votes on the motion this afternoon.

Ministers claim that the act, which affects extradition between the UK and the US, has benefited both countries and that the government does not have the power to stop McKinnon being sent to face trial in the US.

McKinnon, who is being backed by a high-profile Daily Mail campaign, yesterday asked the high court to overturn the refusal of Keir Starmer, the director of public prosecutions, to put him on trial in the UK on charges of computer misuse. If there were no UK prosecution, McKinnon would inevitably be extradited to stand trial in the US, the judges heard.

The court reserved judgment and said it hoped to give a decision in writing by the end of July.

McKinnon has admitted computer hacking and leaving a message in US military systems saying “I will continue to disrupt”, but his lawyers said his intention was only to cause “temporary impairment”, not lasting damage to the system.

They argue that his extradition would lead to “disastrous consequences”, including possible psychosis and suicide, because of his medical condition, which is on the autistic spectrum.

This morning Grayling told BBC Radio 4′s Today programme: “People on the autistic spectrum find it very difficult to deal with a big change in surroundings. To extradite somebody in that position to the US to a strange environment is undoubtedly going to cause health issues for Gary McKinnon. In the past, where there have been similar cases, we have seen trials take place in the UK.

“There is no doubt that an offence has been committed; Gary McKinnon has admitted that. But why on earth is this trial not taking place in the UK?

“I hope the House of Commons will send a message to the government that really this is not what the extradition system is supposed to do. These new rules were set up for very serious offences, for terror offences. I don’t believe parliament ever intended them to be used to extradite somebody with autism issues to face a charge like this.

“There are some suggestions that the home secretary has more powers to intervene than have so far been used.”

But the Home Office dismissed this claim. It said that the home secretary did not have the power to block McKinnon’s extradition.

“The case of Gary McKinnon remains before the courts. As such it would not be appropriate for us to comment on it in detail, except to say that this case has been subjected to the closest attention and to the greatest possible procedural fairness. The home secretary [then Jacqui Smith] gave very careful consideration before deciding in July 2006 to order extradition,” the statement said.

“It is important to be clear that, under the terms of the Extradition Act 2003, the home secretary must order extradition unless certain limited conditions are met. The courts have already said that those conditions are not met in Mr McKinnon’s case; and his attempts to defeat the US request have since been dismissed by the high court, the House of Lords and the European court of human rights.

“The information that must be provided by both the United States and the United Kingdom is effectively the same. The United Kingdom must demonstrate ‘probable cause’ to the United States courts, while the United States must demonstrate ‘reasonable suspicion’ to ours.

“Extradition is a key crime-fighting measure in our increasingly globalised world and, within what the law permits, we give maximum assistance to all of our extradition partners.”

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Extraditing hacker ‘could be disaster’

Gary McKinnon, who hacked into US military computers, will suffer psychologically if imprisoned there, his lawyers say

“Humanitarian considerations” that have arisen in the case of Asperger’s syndrome sufferer Gary McKinnon mean he should not face trial in the US for hacking into American military computers, the high court heard today.

In a last-ditch attempt to overturn earlier court decisions that the 43-year-old “UFO enthusiast” should be extradited, his lawyers accused prosecutors of ignoring the “disastrous consequences” of facing trial and a possible lengthy prison sentence in an American “supermax” prison.

The case also comes as the Tories are expected to devote an opposition day debate in parliament tomorrow to McKinnons’ extradition, after David Cameron said he was “deeply saddened and worried” about the case.

McKinnon’s barrister, Ed Fitzgerald, told the high court: “The Crown Prosecution Service wrongly failed to address the specific human rights issues, and the humanitarian issue, raised by the claimant’s Aspergers syndrome.

“The CPS, as a public authority, had a duty to consider whether its failure to prosecute [in the UK] has inevitably exposed him to an avoidable and unnecessary risk of serious psychological suffering,” he added.

The hearing comes after McKinnon signed a statement earlier this year admitting he had committed an offence under UK law by hacking into 97 computers belonging to the US navy and Nasa. The incident, which the US government says is the “biggest military hack of all time” and cost more than $700,000 (£430,000) in repairs, has led to talks between UK prosecutors and the US department of justice since charges were originally brought against the 43-year-old in New Jersey in 2002.

Although previous attempts to halt the extradition – which reached the House of Lords last year – failed, McKinnon’s lawyers have since obtained a diagnosis of Asperger’s syndrome after consulting two psychiatrists last year.

“Both experts referred to the grave risk to his health if he was extradited to the US, and [autism expert] Professor [Simon] Baron-Cohen referred to the risk to his life,” Fitzgerald said. “[The director of public prosecutions] failed to confront the human rights arguments for prosecutions in this country rather than in the US,” Fitzgerald added.

Both former home secretary Jacqui Smith and the current home secretary, Alan Johnson, have said they would comply with US requests for McKinnon’s extradition, while prosecutors argue that although McKinnon has admitted to “computer misuse” under UK law, it is less serious than the offence of “computer fraud” alleged against him in the US

The CPS, which defended its positiontoday , claims that the damage caused by the offence took place in the US, and that the investigation and most of the witnesses and evidence were located there. In February the director of public prosecutions, Keir Starmer, said there was not enough evidence to try McKinnon in the UK, an argument which McKinnon’s lawyers deny.

“This was inconsistent with the CPS’s own finding that there was sufficient evidence to prosecute,” Fitzgerald said. “McKinnon’s computer hacking conduct all took place in the UK, insofar as he was located here and using a computer in his home in the UK when he gained unauthorised access to the US systems.”

McKinnon, from Wood Green, north London, is described as “vulnerable” and “misguided” by his supporters, who contrast the efforts to extradite him with terrorist suspects who have been kept in the UK.

“I will not give up this fight until the government intervenes to protect my vulnerable son,” McKinnon’s mother, Janis Sharp, said. “When considering the extradition of Abu Hamza, the then home secretary said ‘Had we evidence in this country of a crime committed here then of course the police and the attorney general would have taken action’. Well, if that’s the approach for a convicted terrorist, why not for a gentle, misguided Asperger’s sufferer like Gary?”

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Wade: we’ll refute phone-hack claims

• Guardian ‘substantially misled’ public, claims incoming NI chief executive in letter to Commons committee chairman
• Lib Dems refer Metropolitan police phone-hacking inquiry to Independent Police Complaints Commission

Rebekah Wade, the Sun editor and soon-to-be News International chief executive, said today that company executives would refute allegations of phone hacking being a widespread practice at the News of the World when they appear before a Commons inquiry.

Wade, who takes over on 1 September as chief executive of News International, publisher of the News of the World and the UK newspaper arm of Rupert Murdoch’s News Corporation, said the company would welcome the chance to appear before MPs on the Commons culture, media and sport select committee to answer questions on the Guardian’s allegations.

She said News International believed the Guardian “has substantially and likely deliberately misled the British public”.

Wade also accused the Guardian, BBC, Channel 4, ITN and Sky News of “either deliberately or recklessly” combining references to the Information Commissioner’s report about the use of private investigators by newspaper publishers, including Guardian Media Group, which also publishes MediaGuardian.co.uk, with “specific and very limited evidence” from the police investigation of illegal phone interceptions by Glen Mulcaire and former News of the World royal editor Clive Goodman.

She has written to the chairman of the Commons culture, media and sport committee, John Whittingdale, saying that the company would “refute allegations that illegal phone tapping was a widespread practice”. The News of the World editor, Colin Myler, and Tom Crone, NI’s legal counsel, will appear before the select committee at 10.30am on Tuesday 21 July.

Culture select committee representatives are understood to be locked in negotiations with former News International executive chairman Les Hinton in a bid to ensure he appears before an earlier emergency session about the News of the World phone hacking affair on Tuesday 14 July.

In her letter, Wade said: “It [the Guardian] is rushing out high volumes of coverage and repeating allegations by such sources as unnamed Met officers implying that ‘thousands’ of individuals were the object of illegal phone hacking, an assertion that is roundly contradicted by the Met Assistant Commissioner’s statement yesterday.”

On Wednesday the Guardian revealed that News Group Newspapers, the News International subsidiary that publishes the News of the World, paid out more than £1m to settle legal cases that threatened to reveal evidence of its journalists’ repeated involvement in the use of criminal methods to get stories.

The select committee said yesterday it would be calling senior managers from News International to give evidence as early as next week to clarify what they knew about malpractice by journalists at the News of the World.

The inquiry is expected to call the former News of the World editor, Andy Coulson, who is now the Conservative party’s director of communications. Coulson resigned after the News of the World royal editor Clive Goodman was jailed in 2007 for tapping the phone of members of the royal household.

Earlier today, the Liberal Democrats referred the Metropolitan Police inquiry into phone hacking by journalists at the paper to the Independent Police Complaints Commission.

Chris Huhne, the Lib Dem home office spokesman, has written to IPCC chairman Nick Hardwick asking for an inquiry into Scotland Yard’s 2006 investigation into widespread phone hacking by journalists and private investigators.

Huhne wrote to Hardwick saying that an independent inquiry was required because the Metropolitan Police “cannot act as judge and jury in its own trial”.

The Lib Dem MP added that given the “scale and scope” of the Guardian’s revelations, “the possibility that other journalists and investigators were involved must now be seriously considered”.

Yesterday Metropolitan Police assistant commissioner John Yates said no additional evidence has come to light and no further investigation was required. However, Keir Starmer QC, the director of public prosecutions, said he had ordered an “urgent examination” of material provided by the police in the News of the World case three years ago.

“The Metropolitan Police cannot act as judge and jury in its own trial. Only an independent inquiry can properly consider any possible neglect of duty by the Specialist Operations Department into the original investigation,” Huhne wrote.

“Given the scale and scope of the allegations, the possibility that other journalists and investigators were involved must now be seriously considered. The review by the director of public prosecutions is a tacit admission that the review by assistant commissioner Yates was rushed, and supports the case for a full, independent inquiry by the IPCC into the original police investigation,” he said.

“These allegations have serious implications for privacy laws and freedom of the press in this country, and as such must be investigated thoroughly. When the civil courts are recording large settlements to hush up potentially criminal activity, public authorities have a duty to investigate the matter fully.”

Former senior Scotland Yard officer Brian Paddick also called for an independent inquiry.

Paddick, the former deputy assistant commissioner at the Metropolitan Police, said there should be an independent, external review of the force’s investigation into phone-hacking.

The Met’s assistant commissioner, John Yates, said yesterday that Scotland Yard would not be reopening its files on Goodman because no new evidence had come to light and the original inquiry had concluded that phone hacking had occurred in only a minority of cases.

However, the Guardian’s allegations focus on the activities of many other journalists at the paper, drawing on separate evidence kept secret under a £1m series of deals agreed by its parent company, News International.

The former deputy prime minister, John Prescott, one of those whose phone was allegedly hacked, told the BBC’s Newsnight that Yates’s statement’s had not gone far enough.

“Frankly he has come out, he has defined in a very narrow way what he is going to look at, and then gives a report that everything is OK,” he said.

Paddick told the same programme that Yates should not be criticised for dealing with a brief referring just to the Goodman investigation. But he said Yates was not sufficiently distanced from the original investigation to launch a fresh review.

“John Yates said that he had a degree of independence because he was not involved in the initial investigation,” Paddick added.

“But he is now in charge of the department that did that initial investigtaion, so not only have we got the Metropolitan Police investigating themselves as far as this is concerned, but the department that investigated it investigating themselves.

“There must be some degree of independence here in this investigation, at least an outside force looking at it if not the Independent Police Complaints Commission.”

Mark Stephens, a lawyer at Finers Stephens Innocent, said Yates’s statement did not “address the possibility that there had been a criminal attempt or a potential criminal conspiracy”.

“I think Keir Starmer, the director of public prosecutions, will force the police to reopen this investigation,” he told Radio 4′s Today programme this morning.

Legal experts said the Yard’s decision would not affect the ability of alleged hacking victims to sue the News of the World for breach of privacy.

Stephens said several legal firms had been approached by people who thought they might have been the target of the News of the World’s activities.

“Aggrieved celebrities are contacting lawyers across London,” Stephens said. “I had two calls yesterday – one from somebody who has been identified by the Guardian as having been hacked and also the private office of somebody who believes they may have been.”

The Guardian also revealed today that the Manchester United manager, Sir Alex Ferguson, and the former Newcastle United manager Alan Shearer were among those whose private telephone messages were recorded by a private investigator working for the News of the World.

Both men are said to have left messages on the mobile phone of Gordon Taylor, the chief executive of the Professional Footballers’ Association, who sued the newspaper last year, according to sources familiar with the police investigation.

The prospect of legal action by victims comes after three fresh inquiries were launched yesterday into the conduct of News of the World journalists following the Guardian’s disclosures that Rupert Murdoch’s News Group company paid £1m to keep secret the use of apparently criminal methods to get stories.

The director of public prosecutions, Keir Starmer, ordered an urgent review of the evidence relating to phone hacking gathered in the investigation of the News of the World reporter Clive Goodman, who was jailed in January 2007 for obtaining information illegally.

A powerful Commons select committee said it would be calling senior managers from News International to give evidence as early as next week to clarify what they knew about malpractice by journalists at the News of the World.

The inquiry by the culture, media and sport select committee is expected to call the former News of the World editor, Andy Coulson, who resigned after Goodman was jailed and is now the Conservative party’s director of communications.

The Press Complaints Commission also announced it was conducting an inquiry.

David Cameron, the Conservative leader, has defended Coulson, saying he did “an excellent job in a proper, upright way”.

The parliamentary inquiry will focus on executives at News International, including Rebekah Wade, the outgoing Sun editor who has been promoted to News International chief executive; Stuart Kuttner, the News of the World’s outgoing managing editor; Colin Myler, the current News of the World editor; and Les Hinton, the former chairman of News International. Hinton left News International in December 2007 to become the New York-based chief executive of anther News Corporation subsidiary, Dow Jones, which publishes the Wall Street Journal.

John Whittingdale, the chairman of the culture select committee, said he was particularly keen to question Hinton, who told a previous hearing he was “absolutely convinced” that Goodman was the only person who knew about the phone hacking at the paper.

Whittingdale added that he was “completely shocked” that News Group had paid out more than £1m to settle cases involving illegal surveillance and said he would be asking Hinton whether he wished to amend the evidence he gave the committee then.

Another member of the committee, Labour MP Paul Farrelly, said Hinton would be asked “whether he wishes to correct, or amplify, his evidence”.

“That reopens our inquiry and, if we are not satisfied with the answers, parliament can potentially take the rare – but reputationally serious – step of finding witnesses in contempt,” he wrote on the Guardian’s Comment is Free website.

News International said last night it was “prevented by confidentiality obligations from discussing certain allegations made in the Guardian newspaper”.

The company added that its journalists had complied with relevant legislation and codes of conduct since February 2007, after the Goodman case and Coulson’s resignation.

• To contact the MediaGuardian news desk email editor@mediaguardian.co.uk or phone 020 3353 3857. For all other inquiries please call the main Guardian switchboard on 020 3353 2000.

• If you are writing a comment for publication, please mark clearly “for publication”.

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