It remains my intention to do full justice to the statements made by victims of the media inspired terrorism, defamation and privacy violations as I fear the media will switch off from the Inquiry now they have departed from the witness chair. This was already evident by the lack of publicity given by the BBC, ITN, Sky and Channel Four to the appearance and witness statement of Alexander Owns last Wednesday.
It is difficult to catch up on all that is happening and once again I rely on Wikipedia for its 55 pages of current reference lists.
I begin first with those who have been prosecuted for offences involving the illegal acquiring of information and which all took place in 2005 and 2006. Those who have become well known are Glenn Mulcaire and Steve Whittamore private investigators together with John Boyall associated with the Operation Motorman and Glade investigations. I am not sure who John Gunning is but he was convicted in relation to acquiring BT subscriber information. Two individuals were found guilty to commit misconduct in a public office (Alan King and Paul Marshall and one Journalist- Clive Goodman).
In addition a police bug planted at Southern Investigation recorded than Jonathan Rees routinely paid police officers for information directly and indirectly although he was sent to prison for 7 years (2002), serving 5 for conspiracy to plant evidence. His partner Sid Fillery was later convicted of an unrelated charge in 2003. Martin King former police was jailed for corruption and Austin Warnes also a police man was jailed alongside Rees for conspiracy to plant evidence (4 years). Tom Kingston a police officer was convicted of an unrelated offence but is known that when a private investigator he sold confidential information to Rees and one Sid Fillery’s police contacts Duncan Henrahan pleaded guilty to various charges in 1999. A total of 13 individuals over the period 1999 to 2006
Thirty one individuals are reported to have been arrested in relation to current and ongoing police inquires. None are known to have been charged. Among those previously reported in the media (1)Rebekah Brooks former Chief Executive officer and former editor; (2)Andy Coulson Prime Minister’s Chief Press Secretary and former Editor; (3)Ian Edmonson former News Editor; (4)Stuart Kuttner former Managing Editor; (5)Greg Miskiw former News Editor; (6)James Desborough former US based Editor; (7)Neville Thurlbeck Chief Reporter (previously acquitted for lack of evidence in 2000);(8) Clive Goodman Former Royal Correspondent; (9)James Weatherup senior journalist;(10)Neil Wallis former executive Editor; (11)Dan Evans reporter, (12)Ross Hall former reporter and (13) Bethany Usher and Terenia Taras(14) all related to Phone Hacking and News of the world.
James Simons (15) deputy football editor The Times and Jamie Pyatt (16) district Editor Sun Newspapers, Laura Elston (17) Press Association, David Craig Weekly News (18).
John Boyall (19); Steve Whittamore(20); John Gunning(21), Christopher Dawse(22); Mark Maskell(23); Paul Jones(24); Taff Jones(25); Andrew Lyle (26) Glenn Mulcaire (27) all employed in private investigations plus Alan King, former Police Officer(28) Paul Marshall (29)civilian communications officer and an unnamed in Police Detective (30) aged 51 and unnamed man aged 63 in relation to Operations Weeting and Elvden regarding corruption charges(31)
Also resigned from News International but not arrested are Les Hinton Chief Executive; Lawrence Jacobs former General Counsel; and Tom Crone Senior Lawyer Matt Nixon dismissed from the Sun newspaper; Lady Buscombe also resigned from her chairmanship of the Press Complaints Commission.
There is no way of knowing at present how many of those charged will be prosecuted and how many will be convicted. Or if the number of those charged will increase spreading to more papers and extending within all levels of within newspaper organisations. The number of Inquiries has been and continues to be extensive however those in the past have been limited in their outcome. There have been two causes for the development of electronic surveillance and illegal interception of the information about individuals without their knowledge or consent. There has been the self evident development of data technology and the development of devices to listen and to remotely extract such data, especially with the creation of national and UK data bases. It takes me a few seconds just to renew my Motor Vehicle Tax Disk because the information that the vehicle has its MOT and is insured has also been collated into one database. By implication should someone other than the police or insurance authorities want the information then it will be readily available. Every policeman in their patrol vehicle has direct access to this information.
The second reason is the economic pressure on Newsrooms and this was apparent with the testimony of Richard Peppiatt last Tuesday who explained that newsrooms were abandoning traditional journalism of knocking on doors, developing contacts and looking into people’s dustbins for sitting at a desk with a computer and telephone, regurgitating press releases and making up stories to attract public attention.
The first Police investigation of the new style 21st century media era occurred in 1999 Operation Nigeria into Southern Investigations in relation to police corruption. Then in 2003 there was Operation Glade with developed from Operation Motorman. (In 2004 the FBI undertook an investigation into computer hacking). It was Andy Hayman who officially led the Metropolitan Police Investigation into the Mulcaire papers, his conviction and that of Clive Goodman restricted to the one journalist and one private Investigator and these two Inquiries. Glade and Hayman together with the roles of Office of the Information Commissioner Operation Motorman and the Press Complaints Council and their self regulating unenforced Code of Practice which has led to the present situation. This was followed by the John Yates one day reconsideration of Hayman’s work in 2009 but not Glade/Motorman (USA FBI investigation into a group of hackers focussed on 50 celebrities).
From 26 January 2011 Operation Weeting Metropolitan Police and from the Summer of 2011 The Durham Chief Constable review of Operation Weeting with help from other forces outside the Metropolitan Police. Operation Tuleta Metropolitan Police into Computer Hacking 10 June 2011 and Operation Elvden 6th July 2011 in relation to bribery. The Home Office Inspectorate of Constabulary and the Metropolitan Police are separately inquiring into the ethical considerations to govern relationships between Police and the Media which is also to be the subject of Module 2 of the Leveson Inquiry (July 2011) Operation Rubicon Strathclyde Police covering breaches of data Protection in Scotland, phone hacking and data protection and who have the Motorman and Mulcaire Information. The Independent Police Complaints Commission examined the Assistant Commissioner Yates Inquiry also in 2009. The Police Complaints Commission commenced consideration of the behaviour of named senior police officers and has completed except for one officer. There is at least one other Inquiry casually mentioned by Tom Watson at a House of Commons Committee meeting and it is to be assumed that inquiries have been made regarding the alleged surveillance of the Members of that Committee. In the USA the FBI Interception of Voicemail Inquiry July 2011 and USA Justice Department Inquiry Bribing of Foreign officials together with FBI Inquiry into Computer Hacking August 2011. There is also one Australian Federal Police Inquiry.
The Office of the Information Commissioner launched Operation Motorman in November 2002 and the House of Commons only became Interested in 2009 in relation to phone hacking Culture Media and Sport Committee although it my understanding that there was prior consideration of Operation Motorman. The Culture and Media Committee commenced a re-examination of phone hacking in September 2010. And again in 2011 considering whether it was mislead in previous inquiries and due to report before Christmas. The Home Affairs Committee investigated and reported on phone Hacking in 2010/1 and has completed work on all but one of those named. Following questions about the appointment of Andy Coulson the Public Administration Select Committee is considering the issue of special adviser appointments.
The Press Complaints Commission declared in its 2009 Inquiry report that subterfuge could be used on the grounds of Public Interest (Oh ho ho) The Press Complaints Commission also published a report stating that it had not been mislead by the News of World and there was no evidence of ongoing phone hacking (Oh ho ho). News International claimed it had appointed Burton Copeland to conduct an Internal investigation declaring that that a full rigorous Inquiry is ongoing to the House of |Commons Media Committee(Les Hinton he lied) Colin Myler also testified to a through internal Inquiry significantly misrepresenting the position. Tom Crone made a similar misleading and inaccurate statement. Linklater who have replaced Burton Copeland told the Commons Committee that Burton Copland had not conducted the alleged inquiry and their involvement concerned liaison with the Metropolitan Police. Jonathan and Daniel Choke reviewed emails for News International that had been submitted to them and were not tasked to look for illegal activities. Harbottle and Lewis were then asked to undertake a form review of these emails. Which again was limited to the area of Clive Goodman’s case for unfair dismissal. The Metropolitan Police now has access to three hundred million emails. Mr McMullan has disclosed to the Leveson Inquiry that every conversation conducted in preparing stories had to be recorded and presumably these are also available to the Metropolitan Police and the police in Scotland and the USA. News Corp have now established a major internal investigation headed by Lord Anthony Grabiner which is not reporting directly to the Murdoch’s
Liberty had undertaken a major Inquiry and report into the Surveillance Society.
Most of the 164 known victims of News of the World phone hacking of the 600 notified to date are household names. The singer Cornelia Crisan, Elisa Ferraina who dies in the 9/11 World Trade Centre attack George and Richard Rebha graphics company, Christian Small 7/7 victim Angus Stirling former Director General National Trust are among those who I cannot remember being mentioned before.
Fifty two individuals are known or be in the process of taking legal action against News International, News Corp and the News of the World. Coulson, Goodman, Mulcaire, Edmondson and Thurlbeck are all suing their former employers for various reasons. The Amalgamated Bank and others have action in the United states against News Corp Board of Directors re hacking, stealing business technology and other law violations. Mark Lewis commenced an action against Lady Buscombe and the PCC in 2010 for libel which was settled and John Prescott is suing Scotland Yard for breaching his human right in failing to hand over the information contained in the Mulcaire papers. Among those considering action are forty former employees of the News of World.
The Class Action against News International will be heard by Justice Geoffrey Voss in January 2012. To-date 8 individuals or families have received payment settlements ranging from £20000 Andy Gray to £2 million the Dowler family plus £1 million to Charity.
My problem with all this activity is that action which can be taken is delayed until all the inquiries are completed and where a time table of five years is realistic.
The Paparazzi for example should have been contained with the existing law although it is evident they have not been. There is nothing wrong in the media televising and taking photographs of individuals at public interest events even if the individual is not on duty such as the TV showing that is present at entertainment and sporting events. If someone is within the grounds of their home or on those of someone else including public places there are legal and ethical limits about the extent to which photographers and journalists are permitted to enter those facilities without prior invitation.
If the individual exceeds the rules then they should be prosecuted and if they are not a British National they should be immediately expelled and if those employing them are a British registered company, the company should be prosecuted and if not registered but working in the UK they should still be prosecuted and their licence to trade withdrawn. If they have been given opportunity and due warnings as they have then only the full force of the law is appropriate and not in some medium term future.
The first witness on the second morning of victim testimony demonstrated the full horror and criminality of the phone hacking that went on. The organisation crime was a one person and one agent crime. They lied and they should all be treated as liars from bottom to top unless hey can prove to the contrary or managerially and professional incompetent so they have no place in business. That is true justice yet the very individuals remained in their work and remain in their work earning vast sums in the process. Tell that to the young people who cannot get work or those in work who have lost their jobs and others who have also lost their identities and their homes in the process. Go tell that to the bankers, to the politicians and the police who remain culpable.
In a Parliamentary democracy the Government and the organs of the State have the primary duty to protect citizens and legitimate visitors from criminal acts committed against them individually and collectively, especially crimes of violence and terrorism, and from violations of their human and civil rights which includes occupational, social, personal and family privacy. Governments and Parliament has failed because of the undemocratic power of the print media.
Just how badly things can go wrong was explained by Mary Ellen Field who admitted that she had yielded to pressure which on reflection with hindsight she should have not. She was employed by in the protection management and exploitation of intellectual property rights as worked for a time with the accountancy and tax advisory firm of Chiltern’s as head of Intellectual Property and creative services after being head hunting by them. Most of the clients she brought with her were not celebrities and included the United States Treasury Internal Revenue Service.
Ella Macpherson was already a client of the firm and Mrs Field said she was asked to advise on certain matters, as a consequence of which she developed a close association spending a disproportionate amount of her time in relation to the billing value although the client did add value in terms of public relations for the company. For a two and half year period the professional and personal relationship prospered to the extent that it was agreed that Ms Macpherson should have an office in the Company’s premises.
What happened is that that information about Ms Macpherson was published which was only known to her family and a few associates, including Mrs Field an Ms Macpherson accused Mrs Field as the primary source of the leaks. Unacceptable pressure by any standards was placed on Mrs Field by Ms Macpherson and Chilterns which led her to agree to attend a facility in the United States where her freedom was restrained and she was required to submit to medical treatment. Despite this she was dismissed by Ms Macpherson and then by her employers. Leaving the rights of wrongs of how Ms McPherson’s and Chiltern’s behaved the situation and what happened to Mrs Field was caused by the criminal action of Mulcaire on behalf of the News of World and the Murdoch’s as vicarious negligence. While Mrs Field has regained her reputation and status has suffered significant physically ill health where stress is regarded as an important factor and until now the bastards got away with it.
Garry Flit croft the former Blackburn Rover Footballer and now a football team manager is what happened when he obtained a privacy injunction in the High Court in 2001 to prevent details of his private life being published. The newspaper in question was the Sunday People. The injunction was set aside a year later as a consequence of devious unprofessional and hypocritical conduct by others and the judgement itself has been questioned as a wrong decision.
He had been the subject of a threatened kiss and tell sting when the woman with whom he had the affair delivered a package to the home of his parents requesting money not to publish the story through the paper. It is not stated if the woman did this of her own volition or under the direction of the newspaper. The woman did sell the story and he took the first action after consultation. However this was not the end of the matter because he became aware that another woman with whom he had an affair had also contacted the newspaper or they had contacted her and she also offered her silence for the payment of £5000. The two women did not know each other and lived some distance apart. The injunction was upheld by the paper then published he story without identifying the footballer or the woman. Some of us argue that this was contempt of the court especially as fellow players at his club were told by sports writers that he was the protected footballer and this led to comments directed at him.
Mr Flitcroft then described what happened when the injunction was lifted and the scum descended on his whom disregarding the privacy and rights of neighbours who protested. Where were the police? The response of the Sun, The Telegraph The Observer and the Sunday Mirror was supplied as evidence of how the law allowed open season on him and his family. The situation was particularly obnoxious because of the behaviour of people when football supporters who feel free to chant whatever abuse takes their fancy since chanting racists abuse has been outlawed. The action of the press should have been considered incitement to cause breaches of the peace. The argument that the print was entitled to adopt its moral and condemnatory stance because Mr Flitcroft then earned substantial funds, was club captain and therefore a role model is rubbish unless Mr Flitcroft had set out to be a role model, had courted publicity outside of his work activities, or had set himself up as an authority on sexual behaviour, family life etc.
He came aware that in 2005 the print media was keeping him under surveillance attempting to find another story on him. He outlined in detail the nature of the attempted sting attack on his private life and that allegations cost the marriage of an innocent party. He also explained what had happened to his father whose whole life had revolved around watching his son play at every match home and away and who had been unable to continue because of public response when he played as a consequence of the injunction being lifted. His father had subsequently committed suicide. I am reminded of the wartime expression careless talk costs lives. He explained the impact on his former wife and his children and that the story remains available on line even if you Google the name of his ex wife. This cannot be right. Mr Flitcroft concluded by accusing sections of the print media of hypocrisy.
It is difficult to catch up on all that is happening and once again I rely on Wikipedia for its 55 pages of current reference lists.
I begin first with those who have been prosecuted for offences involving the illegal acquiring of information and which all took place in 2005 and 2006. Those who have become well known are Glenn Mulcaire and Steve Whittamore private investigators together with John Boyall associated with the Operation Motorman and Glade investigations. I am not sure who John Gunning is but he was convicted in relation to acquiring BT subscriber information. Two individuals were found guilty to commit misconduct in a public office (Alan King and Paul Marshall and one Journalist- Clive Goodman).
In addition a police bug planted at Southern Investigation recorded than Jonathan Rees routinely paid police officers for information directly and indirectly although he was sent to prison for 7 years (2002), serving 5 for conspiracy to plant evidence. His partner Sid Fillery was later convicted of an unrelated charge in 2003. Martin King former police was jailed for corruption and Austin Warnes also a police man was jailed alongside Rees for conspiracy to plant evidence (4 years). Tom Kingston a police officer was convicted of an unrelated offence but is known that when a private investigator he sold confidential information to Rees and one Sid Fillery’s police contacts Duncan Henrahan pleaded guilty to various charges in 1999. A total of 13 individuals over the period 1999 to 2006
Thirty one individuals are reported to have been arrested in relation to current and ongoing police inquires. None are known to have been charged. Among those previously reported in the media (1)Rebekah Brooks former Chief Executive officer and former editor; (2)Andy Coulson Prime Minister’s Chief Press Secretary and former Editor; (3)Ian Edmonson former News Editor; (4)Stuart Kuttner former Managing Editor; (5)Greg Miskiw former News Editor; (6)James Desborough former US based Editor; (7)Neville Thurlbeck Chief Reporter (previously acquitted for lack of evidence in 2000);(8) Clive Goodman Former Royal Correspondent; (9)James Weatherup senior journalist;(10)Neil Wallis former executive Editor; (11)Dan Evans reporter, (12)Ross Hall former reporter and (13) Bethany Usher and Terenia Taras(14) all related to Phone Hacking and News of the world.
James Simons (15) deputy football editor The Times and Jamie Pyatt (16) district Editor Sun Newspapers, Laura Elston (17) Press Association, David Craig Weekly News (18).
John Boyall (19); Steve Whittamore(20); John Gunning(21), Christopher Dawse(22); Mark Maskell(23); Paul Jones(24); Taff Jones(25); Andrew Lyle (26) Glenn Mulcaire (27) all employed in private investigations plus Alan King, former Police Officer(28) Paul Marshall (29)civilian communications officer and an unnamed in Police Detective (30) aged 51 and unnamed man aged 63 in relation to Operations Weeting and Elvden regarding corruption charges(31)
Also resigned from News International but not arrested are Les Hinton Chief Executive; Lawrence Jacobs former General Counsel; and Tom Crone Senior Lawyer Matt Nixon dismissed from the Sun newspaper; Lady Buscombe also resigned from her chairmanship of the Press Complaints Commission.
There is no way of knowing at present how many of those charged will be prosecuted and how many will be convicted. Or if the number of those charged will increase spreading to more papers and extending within all levels of within newspaper organisations. The number of Inquiries has been and continues to be extensive however those in the past have been limited in their outcome. There have been two causes for the development of electronic surveillance and illegal interception of the information about individuals without their knowledge or consent. There has been the self evident development of data technology and the development of devices to listen and to remotely extract such data, especially with the creation of national and UK data bases. It takes me a few seconds just to renew my Motor Vehicle Tax Disk because the information that the vehicle has its MOT and is insured has also been collated into one database. By implication should someone other than the police or insurance authorities want the information then it will be readily available. Every policeman in their patrol vehicle has direct access to this information.
The second reason is the economic pressure on Newsrooms and this was apparent with the testimony of Richard Peppiatt last Tuesday who explained that newsrooms were abandoning traditional journalism of knocking on doors, developing contacts and looking into people’s dustbins for sitting at a desk with a computer and telephone, regurgitating press releases and making up stories to attract public attention.
The first Police investigation of the new style 21st century media era occurred in 1999 Operation Nigeria into Southern Investigations in relation to police corruption. Then in 2003 there was Operation Glade with developed from Operation Motorman. (In 2004 the FBI undertook an investigation into computer hacking). It was Andy Hayman who officially led the Metropolitan Police Investigation into the Mulcaire papers, his conviction and that of Clive Goodman restricted to the one journalist and one private Investigator and these two Inquiries. Glade and Hayman together with the roles of Office of the Information Commissioner Operation Motorman and the Press Complaints Council and their self regulating unenforced Code of Practice which has led to the present situation. This was followed by the John Yates one day reconsideration of Hayman’s work in 2009 but not Glade/Motorman (USA FBI investigation into a group of hackers focussed on 50 celebrities).
From 26 January 2011 Operation Weeting Metropolitan Police and from the Summer of 2011 The Durham Chief Constable review of Operation Weeting with help from other forces outside the Metropolitan Police. Operation Tuleta Metropolitan Police into Computer Hacking 10 June 2011 and Operation Elvden 6th July 2011 in relation to bribery. The Home Office Inspectorate of Constabulary and the Metropolitan Police are separately inquiring into the ethical considerations to govern relationships between Police and the Media which is also to be the subject of Module 2 of the Leveson Inquiry (July 2011) Operation Rubicon Strathclyde Police covering breaches of data Protection in Scotland, phone hacking and data protection and who have the Motorman and Mulcaire Information. The Independent Police Complaints Commission examined the Assistant Commissioner Yates Inquiry also in 2009. The Police Complaints Commission commenced consideration of the behaviour of named senior police officers and has completed except for one officer. There is at least one other Inquiry casually mentioned by Tom Watson at a House of Commons Committee meeting and it is to be assumed that inquiries have been made regarding the alleged surveillance of the Members of that Committee. In the USA the FBI Interception of Voicemail Inquiry July 2011 and USA Justice Department Inquiry Bribing of Foreign officials together with FBI Inquiry into Computer Hacking August 2011. There is also one Australian Federal Police Inquiry.
The Office of the Information Commissioner launched Operation Motorman in November 2002 and the House of Commons only became Interested in 2009 in relation to phone hacking Culture Media and Sport Committee although it my understanding that there was prior consideration of Operation Motorman. The Culture and Media Committee commenced a re-examination of phone hacking in September 2010. And again in 2011 considering whether it was mislead in previous inquiries and due to report before Christmas. The Home Affairs Committee investigated and reported on phone Hacking in 2010/1 and has completed work on all but one of those named. Following questions about the appointment of Andy Coulson the Public Administration Select Committee is considering the issue of special adviser appointments.
The Press Complaints Commission declared in its 2009 Inquiry report that subterfuge could be used on the grounds of Public Interest (Oh ho ho) The Press Complaints Commission also published a report stating that it had not been mislead by the News of World and there was no evidence of ongoing phone hacking (Oh ho ho). News International claimed it had appointed Burton Copeland to conduct an Internal investigation declaring that that a full rigorous Inquiry is ongoing to the House of |Commons Media Committee(Les Hinton he lied) Colin Myler also testified to a through internal Inquiry significantly misrepresenting the position. Tom Crone made a similar misleading and inaccurate statement. Linklater who have replaced Burton Copeland told the Commons Committee that Burton Copland had not conducted the alleged inquiry and their involvement concerned liaison with the Metropolitan Police. Jonathan and Daniel Choke reviewed emails for News International that had been submitted to them and were not tasked to look for illegal activities. Harbottle and Lewis were then asked to undertake a form review of these emails. Which again was limited to the area of Clive Goodman’s case for unfair dismissal. The Metropolitan Police now has access to three hundred million emails. Mr McMullan has disclosed to the Leveson Inquiry that every conversation conducted in preparing stories had to be recorded and presumably these are also available to the Metropolitan Police and the police in Scotland and the USA. News Corp have now established a major internal investigation headed by Lord Anthony Grabiner which is not reporting directly to the Murdoch’s
Liberty had undertaken a major Inquiry and report into the Surveillance Society.
Most of the 164 known victims of News of the World phone hacking of the 600 notified to date are household names. The singer Cornelia Crisan, Elisa Ferraina who dies in the 9/11 World Trade Centre attack George and Richard Rebha graphics company, Christian Small 7/7 victim Angus Stirling former Director General National Trust are among those who I cannot remember being mentioned before.
Fifty two individuals are known or be in the process of taking legal action against News International, News Corp and the News of the World. Coulson, Goodman, Mulcaire, Edmondson and Thurlbeck are all suing their former employers for various reasons. The Amalgamated Bank and others have action in the United states against News Corp Board of Directors re hacking, stealing business technology and other law violations. Mark Lewis commenced an action against Lady Buscombe and the PCC in 2010 for libel which was settled and John Prescott is suing Scotland Yard for breaching his human right in failing to hand over the information contained in the Mulcaire papers. Among those considering action are forty former employees of the News of World.
The Class Action against News International will be heard by Justice Geoffrey Voss in January 2012. To-date 8 individuals or families have received payment settlements ranging from £20000 Andy Gray to £2 million the Dowler family plus £1 million to Charity.
My problem with all this activity is that action which can be taken is delayed until all the inquiries are completed and where a time table of five years is realistic.
The Paparazzi for example should have been contained with the existing law although it is evident they have not been. There is nothing wrong in the media televising and taking photographs of individuals at public interest events even if the individual is not on duty such as the TV showing that is present at entertainment and sporting events. If someone is within the grounds of their home or on those of someone else including public places there are legal and ethical limits about the extent to which photographers and journalists are permitted to enter those facilities without prior invitation.
If the individual exceeds the rules then they should be prosecuted and if they are not a British National they should be immediately expelled and if those employing them are a British registered company, the company should be prosecuted and if not registered but working in the UK they should still be prosecuted and their licence to trade withdrawn. If they have been given opportunity and due warnings as they have then only the full force of the law is appropriate and not in some medium term future.
The first witness on the second morning of victim testimony demonstrated the full horror and criminality of the phone hacking that went on. The organisation crime was a one person and one agent crime. They lied and they should all be treated as liars from bottom to top unless hey can prove to the contrary or managerially and professional incompetent so they have no place in business. That is true justice yet the very individuals remained in their work and remain in their work earning vast sums in the process. Tell that to the young people who cannot get work or those in work who have lost their jobs and others who have also lost their identities and their homes in the process. Go tell that to the bankers, to the politicians and the police who remain culpable.
In a Parliamentary democracy the Government and the organs of the State have the primary duty to protect citizens and legitimate visitors from criminal acts committed against them individually and collectively, especially crimes of violence and terrorism, and from violations of their human and civil rights which includes occupational, social, personal and family privacy. Governments and Parliament has failed because of the undemocratic power of the print media.
Just how badly things can go wrong was explained by Mary Ellen Field who admitted that she had yielded to pressure which on reflection with hindsight she should have not. She was employed by in the protection management and exploitation of intellectual property rights as worked for a time with the accountancy and tax advisory firm of Chiltern’s as head of Intellectual Property and creative services after being head hunting by them. Most of the clients she brought with her were not celebrities and included the United States Treasury Internal Revenue Service.
Ella Macpherson was already a client of the firm and Mrs Field said she was asked to advise on certain matters, as a consequence of which she developed a close association spending a disproportionate amount of her time in relation to the billing value although the client did add value in terms of public relations for the company. For a two and half year period the professional and personal relationship prospered to the extent that it was agreed that Ms Macpherson should have an office in the Company’s premises.
What happened is that that information about Ms Macpherson was published which was only known to her family and a few associates, including Mrs Field an Ms Macpherson accused Mrs Field as the primary source of the leaks. Unacceptable pressure by any standards was placed on Mrs Field by Ms Macpherson and Chilterns which led her to agree to attend a facility in the United States where her freedom was restrained and she was required to submit to medical treatment. Despite this she was dismissed by Ms Macpherson and then by her employers. Leaving the rights of wrongs of how Ms McPherson’s and Chiltern’s behaved the situation and what happened to Mrs Field was caused by the criminal action of Mulcaire on behalf of the News of World and the Murdoch’s as vicarious negligence. While Mrs Field has regained her reputation and status has suffered significant physically ill health where stress is regarded as an important factor and until now the bastards got away with it.
Garry Flit croft the former Blackburn Rover Footballer and now a football team manager is what happened when he obtained a privacy injunction in the High Court in 2001 to prevent details of his private life being published. The newspaper in question was the Sunday People. The injunction was set aside a year later as a consequence of devious unprofessional and hypocritical conduct by others and the judgement itself has been questioned as a wrong decision.
He had been the subject of a threatened kiss and tell sting when the woman with whom he had the affair delivered a package to the home of his parents requesting money not to publish the story through the paper. It is not stated if the woman did this of her own volition or under the direction of the newspaper. The woman did sell the story and he took the first action after consultation. However this was not the end of the matter because he became aware that another woman with whom he had an affair had also contacted the newspaper or they had contacted her and she also offered her silence for the payment of £5000. The two women did not know each other and lived some distance apart. The injunction was upheld by the paper then published he story without identifying the footballer or the woman. Some of us argue that this was contempt of the court especially as fellow players at his club were told by sports writers that he was the protected footballer and this led to comments directed at him.
Mr Flitcroft then described what happened when the injunction was lifted and the scum descended on his whom disregarding the privacy and rights of neighbours who protested. Where were the police? The response of the Sun, The Telegraph The Observer and the Sunday Mirror was supplied as evidence of how the law allowed open season on him and his family. The situation was particularly obnoxious because of the behaviour of people when football supporters who feel free to chant whatever abuse takes their fancy since chanting racists abuse has been outlawed. The action of the press should have been considered incitement to cause breaches of the peace. The argument that the print was entitled to adopt its moral and condemnatory stance because Mr Flitcroft then earned substantial funds, was club captain and therefore a role model is rubbish unless Mr Flitcroft had set out to be a role model, had courted publicity outside of his work activities, or had set himself up as an authority on sexual behaviour, family life etc.
He came aware that in 2005 the print media was keeping him under surveillance attempting to find another story on him. He outlined in detail the nature of the attempted sting attack on his private life and that allegations cost the marriage of an innocent party. He also explained what had happened to his father whose whole life had revolved around watching his son play at every match home and away and who had been unable to continue because of public response when he played as a consequence of the injunction being lifted. His father had subsequently committed suicide. I am reminded of the wartime expression careless talk costs lives. He explained the impact on his former wife and his children and that the story remains available on line even if you Google the name of his ex wife. This cannot be right. Mr Flitcroft concluded by accusing sections of the print media of hypocrisy.
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