Did the News of the World seek to undermine a murder investigation?

The significant allegation of Jacqui Hames at the Leveson inquiry.

Were the resources of News International used by a criminal suspect in 2002 to subvert a major murder investigation? That was the significant allegation made yesterday at the Leveson inquiry by former Crimewatch presenter Jacqui Hames.

To a certain extent this is not a new accusation. In July 2011, Channel 4 stated that the News of the World had put Dave Cook, the police officer investigating the murder of Daniel Morgan, under surveillance. Also in July 2011, Nick Davies wrote at the Guardian of a 2003 meeting at Scotland Yard attended by Rebekah Brooks:

As editor of the News of the World Rebekah Brooks was confronted with evidence that her paper's resources had been used on behalf of two murder suspects to spy on the senior detective who was investigating their alleged crime.

Brooks was summoned to a meeting at Scotland Yard where she was told that one of her most senior journalists, Alex Marunchak, had apparently agreed to use photographers and vans leased to the paper to run surveillance on behalf of Jonathan Rees and Sid Fillery, two private investigators who were suspected of murdering another investigator, Daniel Morgan, when the latter was a partner of Rees's in the firm Southern Investigations. The Yard saw this as a possible attempt to pervert the course of justice.

Brooks was also told of evidence that Marunchak had a corrupt relationship with Rees, who had been earning up to £150,000 a year selling confidential data to the News of the World. Police told her that a former employee of Rees had given them a statement alleging that some of these payments were diverted to Marunchak, who had been able to pay off his credit card and pay his child's private school fees.

When this surveillance exercise was put to Brooks for an explanation she allegedly responded that the News of the World was interested in whether Cook was having an affair with Hames. This was unconvincing, not least because Cook and Hames were married at the time.

The fact of surveillance and the lack of any plausible explanation are therefore not novel. But what is perhaps new is the alleged motivation for the surveillance. Hames says at paragraph 40 of her witness statement:

I believe that the real reason for the News of the World placing us under surveillance was that suspects in the Daniel Morgan murder inquiry were using their association with a powerful and well-resourced newspaper to try to intimidate us and so attempt to subvert the investigation.

This is certainly a more compelling explanation than that which Brooks is reported as having offered in 2003.

Here the following background facts are interesting. The main suspect of the 1987 killing -- who was eventually acquitted of the murder in March 2011 -- was Jonathan Rees, a man well-known in Fleet Street for providing private information from dubious sources. Rees's key client appears to have been the News of the World. Rees had been the business partner of Morgan at the time of the murder. He was sentenced to seven years' imprisonment in 2000 for perversion of the course of justice in an case unrelated to the Morgan murder, but on his release, he was rehired for the News of the World by Andy Coulson. (For more on Rees, see Nick Davies here). Rees was a powerful and well-connected man in the tabloid world.

There are many aspects of the Daniel Morgan murder case which remain highly unsatisfactory. The desultory initial police investigation, and the later and repeated failures of the criminal justice system, warrant a full judicial inquiry in themselves, and Tom Watson MP is rightly raising the case later today in the House of Commons.

But it so happens that Hames's allegation falls neatly within the remit of the "press and police" module of the Leveson inquiry. Should the Leveson inquiry wish to take the allegation forward, it will presumably fall on News International and Rebekah Brooks to provide an explanation for the surveillance of Hames and Cook. An allegation that a media organisation allowed its resources to be used so as to attempt to subvert a murder investigation is about as serious as it gets. Those responsible for what the News of the World did should now get to tell us their "side of the story".

David Allen Green is legal correspondent of the New Statesman

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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Donald Tusk is merely calling out Tory hypocrisy on Brexit

And the President of the European Council has the upper hand. 

The pair of numbers that have driven the discussion about our future relationship with the EU since the referendum have been 48 to 52. 

"The majority have spoken", cry the Leavers. "It’s time to tell the EU what we want and get out." However, even as they push for triggering the process early next year, the President of the European Council Donald Tusk’s reply to a letter from Tory MPs, where he blamed British voters for the uncertain futures of expats, is a long overdue reminder that another pair of numbers will, from now on, dominate proceedings.

27 to 1.

For all the media speculation around Brexit in the past few months, over what kind of deal the government will decide to be seek from any future relationship, it is incredible just how little time and thought has been given to the fact that once Article 50 is triggered, we will effectively be negotiating with 27 other partners, not just one.

Of course some countries hold more sway than others, due to their relative economic strength and population, but one of the great equalising achievements of the EU is that all of its member states have a voice. We need look no further than the last minute objections from just one federal entity within Belgium last month over CETA, the huge EU-Canada trade deal, to be reminded how difficult and important it is to build consensus.

Yet the Tories are failing spectacularly to understand this.

During his short trip to Strasbourg last week, David Davis at best ignored, and at worse angered, many of the people he will have to get on-side to secure a deal. Although he did meet Michel Barnier, the senior negotiator for the European Commission, and Guy Verhofstadt, the European Parliament’s representative at the future talks, he did not meet any representatives from the key Socialist Group in the European Parliament, nor the Parliament’s President, nor the Chair of its Constitutional Committee which will advise the Parliament on whether to ratify any future Brexit deal.

In parallel, Boris Johnson, to nobody’s surprise any more, continues to blunder from one debacle to the next, the most recent of which was to insult the Italians with glib remarks about prosecco sales.

On his side, Liam Fox caused astonishment by claiming that the EU would have to pay compensation to third countries across the world with which it has trade deals, to compensate them for Britain no longer being part of the EU with which they had signed their agreements!

And now, Theresa May has been embarrassingly rebuffed in her clumsy attempt to strike an early deal directly with Angela Merkel over the future residential status of EU citizens living and working in Britain and UK citizens in Europe. 

When May was campaigning to be Conservative party leader and thus PM, to appeal to the anti-european Tories, she argued that the future status of EU citizens would have to be part of the ongoing negotiations with the EU. Why then, four months later, are Tory MPs so quick to complain and call foul when Merkel and Tusk take the same position as May held in July? 

Because Theresa May has reversed her position. Our EU partners’ position remains the same - no negotiations before Article 50 is triggered and Britain sets out its stall. Merkel has said she can’t and won’t strike a pre-emptive deal.  In any case, she cannot make agreements on behalf of France,Netherlands and Austria, all of who have their own imminent elections to consider, let alone any other EU member. 

The hypocrisy of Tory MPs calling on the European Commission and national governments to end "the anxiety and uncertainty for UK and EU citizens living in one another's territories", while at the same time having caused and fuelled that same anxiety and uncertainty, has been called out by Tusk. 

With such an astounding level of Tory hypocrisy, incompetence and inconsistency, is it any wonder that our future negotiating partners are rapidly losing any residual goodwill towards the UK?

It is beholden on Theresa May’s government to start showing some awareness of the scale of the enormous task ahead, if the UK is to have any hope of striking a Brexit deal that is anything less than disastrous for Britain. The way they are handling this relatively simple issue does not augur well for the far more complex issues, involving difficult choices for Britain, that are looming on the horizon.

Richard Corbett is the Labour MEP for Yorkshire & Humber.