The death of Daniel Morgan

Why, after five police investigations into Daniel Morgan's death, there must now be a judicial inquiry

Late on 10 March 1987 a man was murdered in the car park of a south London pub.  The man was Daniel Morgan, a father of two, and the founding partner of a private investigation firm called Southern Investigations.  Morgan was 37 years-old when he died; had he lived he would now be 62.

The murder was brutal. 

He was struck to the head four times with an axe.   "As a result of these injuries there was evidence of direct brain damage which resulted in death," recorded the pathologist drily.  When the body was discovered, the axe was still embedded in the victim's face.  There was no evidence of Morgan having defended himself.  The killing appears to have been swift.

Whatever the motive for this murder, it was not obviously theft.  It seems that valuables were not taken.  But such was the nature of the attack that it was evident that it must have had a motive and have been premeditated; this was not some random execution.  The axe handle was carefully wrapped so that it did not have finger prints.  The lack of a gun meant there was no sound of a shot, nor any firearm to be traced or disposed of.  The axe was non-descript: it was one of thousands of that model imported that year for High Street retail from an overseas supplier.  So the murder was clearly a deliberate act, undertaken in a way so as to avoid the detection of the persons who had carried it out. 

But why does this one murder matter some twenty-five years later? 

After all, there were about 600 other murders in Britain in 1987: why should this particular homicide warrant any more attention in 2012 than any of the others?  Surely the facts that the murder remains unsolved and that it was particularly gruesome do not by themselves prioritise this case above the many other dreadful killings which remain unexplained.

However, the aftermath of the death of Daniel Morgan still matters today for anyone interested in how the relationship between the police and media took the form it did over the last quarter century.  This is partly because of what the aftermath tells of the horrifying scope of police corruption and the wrongful trade in private information.  And it is partly because of how the mainstream media – and one newspaper group in particular – came to be allegedly involved in the attempts to frustrate a police investigation.  In a way, the Daniel Morgan case serves as a grim index of many things which went wrong in the relationship between policing, the media, and the criminal justice sytem in the UK over the last twenty-five years.

 

Police corruption and the failure of the criminal justice system

The collective failure of the police and the courts to provide justice has been as staggering as it has been drawn out.  To have one failed investigation is unfortunate; but in this matter there has been five separate police investigations over twenty-five year costing an estimated £30 million, and all without a single defendant being put before a jury, let alone convicted.

There were police investigations in 1987, 1988-89, 1998-2000, 2002-03, and most recently after 2008.  Certain individuals have been arrested and re-arrested, and charged and re-charged in relation to the murder, like so many toys moving around on a circular track; but something always happened to prevent the case ever going to full trial. 

Like the cases of Stephen Lawrence and the Cardiff Three, the Daniel Morgan case shows something rotten in the police culture of the time.  Senior police officers now freely admit that "corruption was a deliberating factor" in the initial investigation of the crime.  Former Assistant Commissioner John Yates was quoted as saying that the case "is one of the more deplorable episodes in the entire history of the Metropolitan Police".  It is a murder investigation which has gone wrong in many ways for twenty-five years.

The one stark underlying problem has been the apparant extensive commercial and personal relationships between some of those suspected of the murder and the local police.  One prime suspect seems to have had numerous contacts in the Metropolitan Police, who provided him with extensive information in return for cash and favours. 

This trade in private information was not a mere dodgy business concern for pin money and the cost of lunch and a beer; it was instead the apparent misuse of police information on an almost industrial scale, and one which was worth hundreds of thousands a year.  It was almost as if the police were not custodians of the peace but were instead a commercial entity in a supply chain.   There would, of course, be many vested interests in not upsetting such a cart of bad apples. 

This, however, is not the full story.

 

The relationship between the media and the wrongful trade in private information

What electrifies this particular case, and makes it a matter of wider public concern, is not the predictable and mundane if depressing presence of evident police corruption and a roaring trade in private information. 

It is that as the 1990s and 2000s went by, the tabloid media became the greatest customers of the private information obtained and sold on by some of those suspected of the murder of Daniel Morgan and still connected with Southern Investigations.  Here the story shifts from the environs of a south London car park to contaminate what is still called “Fleet Street”. 

During this period, as Nick Davies has put it, for Southern Investigations the money simply came pouring in.  Even when one central figure in this matter was released from a lengthy prison sentence (for a crime unrelated to Daniel Morgan) he was immediately given another lucrative contract by the editor of a national newspaper so as to supply information.

And as the reach of both the commercial activity and the influence of Southern Investigations extended, it appeared that the resources of at least one national newspaper were actually employed at the direction or request of a suspect so as to frustrate one of the police investigations into Daniel Morgan's death.  Evidence for this startling contention was put before the Leveson Inquiry earlier this year (see Jacqui Hames' witness statement here at paragraphs 29-42, and a post by Brown Moses here). 

One cannot know whether these worrying allegations are true or false; but if this exercise in surveillance and intimidation did happen then it means this was no longer just a matter of corruption in south London.  It would seem an international media company was now implicated as being used by powerful men seeking to avoid prosecution by frustating a police investigation.

 

Why there needs to be a judicial inquiry

The recent arrests of two individuals closely connected with this case means that this post cannot expand on some of the points made above (even if the arrests seem not to be connected with the murder of Daniel Morgan) and so I have avoided naming names.  Those individuals are entitled to due process, and nothing in this post or follow-on posts should be taken to prejudice their cases in the event that they are charged on any criminal matter. 

In any case, this is not an exercise in "trial by blog" - the correct place for determining any criminal liability is always in a courtroom.  Indeed, as it stands, there appears to be no direct and admissible evidence against any suspect in relation to the death of Daniel Morgan.   This is not about the guilt of any particular person. 

There is a wider issue here than the criminal liability of any of the individuals suspected of the murder. 

The failures in dealing with case of Daniel Morgan seem to be systemic.  As I will set out in the follow-on posts, for twenty-five years there appears to have been (at best) a reluctance by the Metropolitan Police to fully ensure that there is any justice in this case. 

Alastair Morgan, the brother of Daniel Morgan, a good man who campaigned tirelessly for justice for his brother for twenty-five years, tells me that he has encountered obstruction and secrecy by the Metropolitan Police at every turn. 

The first and most important  investigation was fundamentally flawed – one of the investigating officers was even subsequently charged (but not convicted) in connection with the murder and he certainly did not disclose his connections to the deceased at the time.  The other investigations, as I will set out, were inadequate and inconclusive in various ways.  Even the final investigation led only to an Old Bailey hearing of a year and a half devoted to mere preliminary legal argument before collapsing in March 2011 due to the avoidable failure of the police to disclose evidence to the defendants, in addition to the striking out of inadmissible “supergrass” evidence.

In response to  an adjournment debate called by Tom Watson MP earlier this year, the Home Office said that the Metropolitan Police were undertaking a new “forensic review” of the available evidence (similar to that which uncovered DNA evidence against the murderers of Stephen Lawrence) in the hope that something fresh may turn up.  But Alastair Morgan and others no longer have confidence in the Metropolitan Police.  It is easy to see why.  They have been let down too many times.

The collapse last year of the Old Bailey hearing means that, as a matter of law, there is little or no likelihood of there ever being a criminal trial.  Six key suspects were either acquitted or discharged.  They are, rightly, to be presumed innocent.  It would appear that no one will ever be convicted in relation to the murder of Daniel Morgan.

There needs to be a judicial inquiry: not to apportion criminal liability, but to ascertain what exactly went repeatedly wrong over these twenty-five years.  In particular, there needs to be an examination of the extent of influence various suspects had over police decisions in investigating the murder.

No one can say that this shameful record of seeming corruption, incompetence, abuses of power, and legal failures is actually acceptable, even to the acquitted and discharged defendants.  Justice has not even been served from the suspects' point of view (one of whom has also called for an inquiry).  The Home Office, wisely, has said that it has not closed its mind to an inquiry in the event the “forensic review” comes up with nothing.

It may well be that a judicial inquiry cannot take place until due process for those recently arrested for what seem unrelated offences has run its course. 

But the issues raised by what happened in the aftermath of the death of Daniel Morgan would benefit from an experienced judge being able to compel evidence and ask questions under oath or affirmation. 

Indeed, there is no other sensisible way an overall failure of this scale can be addressed. 

Such an inquiry may not bring justice for the murder of Daniel Morgan; but it may demonstrate why such justice was not achieved, and revealing this would be a good thing in itself.

 

The Justice forDaniel website is here and the campaign can be followed on Twitter at @Justice4Daniel

Daniel Morgan.

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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Chuka Umunna calls for "solidarity" among Labour MPs, whoever is voted leader

The full text of shadow business secretary Chuka Umunna's speech to Policy Network on election-winning ideas for Labour's future, and the weaknesses of the New Labour project.

There has never been an easy time to be a social democrat (or “democratic socialist” as we sometimes call ourselves in Britain). Whereas the right can demonise the poor and extol the virtues of the market, and the hard left can demonise the market and extol the role of the state, our position of constraining the domination of markets and reforming the state is, by definition, more complex.

It is nonetheless the case that social democracy has a historic responsibility, in every generation, to renew democracy and preserve a civic culture. This is achieved not through soundbites and slogans, but through the hard-headed development of a progressive politics that reconciles liberty and democracy, new comers and locals to our communities, business and workers, in a common life that preserves security, prosperity and peace.  This historic mission is all the more urgent now and my determination that we succeed has grown not weakened since our election defeat last May.

But, in order to be heard, it is necessary to make balanced and reasonable argument that both animates and inspires our movement, and which is popular and plausible with the people.  The first is pre-requisite to the second; and there is no choice to be made between your party’s fundamental principles and electability. They are mutually dependent - you cannot do one without the other.

We are in the midst of choosing a new leader and it is clear to anyone who has watched the UK Labour Party leadership election this summer that amongst a significant number there is a profound rage against Third Way politics – as pursued by the likes of Bill Clinton, Tony Blair, Gerhard Schröder and others - as a rejection of our fundamental values.

In the UK there is a view that New Labour accepted an uncritical accommodation with global capital that widened inequality, weakened organised labour and we were too close to the US Republicans and too far from the European left.

I do not believe this is fair, not least because we rescued many of our public services from the scrap heap when we came to office in 1997 and there were very significant achievements  we should celebrate.  New Labour renewed our National Health Service in a fundamental way; we built new schools and improved existing ones; we set up new children’s centres all over the country; we brought in a National Minimum Wage; we worked with others to bring peace to Northern Ireland; we introduced civil partnerships.  Just some of our achievements.

However, though we may take issue with the critique, I do not think we can simply dismiss out of hand those who hold critical views of New Labour. Like any government, the New Labour administration made mistakes - it could and should have achieved more, and done more to challenge the Right’s assumptions about the world. In the end, it is not unreasonable to be ambitious for what your party in government can achieve in building greater equality, liberty, democracy and sustainability. It is far better we acknowledge, not reject, this ambition for a better world, as we seek to forge a new politics of the common good fit for the future.

Realising our values in office has been disrupted by globalisation and the surge of technological forces that are displacing and reshaping industry after industry.

Some argue that globalisation as an ideological construct of the right. But we must recognise that we live in an increasingly integrated world in which markets have led to an unprecedented participation of excluded people in prosperity, a rise in living standards for hundreds of millions  of people and a literacy unprecedented in human history – this is particularly so in emerging economies like my father’s native Nigeria. And the internet has led to a level of accountability that has disturbed elites.

Yet, this has been combined with a concentration of ownership that needs to be challenged, of a subordination of politics that requires creative rather than reactive thinking, and these global forces have exacerbated inequalities as well as helped reduce poverty.

So it is important that we understand the sheer scale and impact of new technologies. At the moment we are engaged in a debate about Uber and its threat to one of the last vestiges of vocational labour markets left in London, those of the black taxi cabs and their attainment of 'The Knowledge'. But the reality is that within the next decade there will be the emergence of driverless cars so we have to intensify our exploration of how to support people in a knowledge economy and the realities of lifelong learning, as well as lifelong teaching. As people live longer we will have to think about how to engage them constructively in work and teaching in new ways.

Once again, I'm addressing all of this, Social Democracy requires a balanced view that domesticates the destructive energy of capital while recognising its creative energy, that recognises the need for new skills rather than simply the protection of old ones. A Social Democracy that recognises that internationalism requires co-operation between states and not a zero sum game that protectionism would encourage.

Above all, Social Democratic politics must recognise the importance of place, of the resources to be found in the local through which the pressures of globalisation can be mediated and shaped. Our job is to shape the future and neither to accept it as a passive fate nor to indulge the fantasy that we can dominate it but to work with the grain of change in order to renew our tradition, recognising the creativity of the workforce, the benefits of democracy and the importance of building a common life.  Sources of value are to be found in local traditions and institutions.

This also requires a recognition that though demonstration and protest are important,; but relationships and conversations are a far more effective way of building a movement for political change.

One of the huge weaknesses of New Labour was in its reliance on mobilisation from the centre rather than organising. It therefore allowed itself to be characterised as an elite project with wide popular support but it did not build a base for its support within the party across the country, and it did not develop leaders from the communities it represented. It was strong on policy but weak on strengthening democratic politics, particularly Labour politics.

Over half a million people are now members, supporters or affiliated supporters of our party, with hundreds of thousands joining in the last few weeks. Some have joined in order to thwart the pursuit of Labour values but many more have joined to further the pursuit of those values, including lots of young people. At a time when so many are walking away from centre left parties across the Western world and many young people do not vote let alone join a party, this is surely something to celebrate.

So it is vital that we now embrace our new joiners and harness the energy they can bring to renewing Labour’s connection with the people. First, we must help as many them as possible to become doorstep activists for our politics. Second, I have long argued UK Labour should campaign and organise not only to win elections but to affect tangible change through local community campaigns. We brought Arnie Graf, the Chicago community organiser who mentored President Obama in his early years, over from the U.S. to help teach us how to community organise more effectively. We should bring Arnie back over to finish the job and help empower our new joiners to be the change they want to see in every community – we need to build on the links they have with local groups and organisations.

I mentioned at the beginning that in every generation Social Democracy is besieged from left and right but the achievements of each generation are defined by the strength of a complex political tradition that strengthens solidarity through protecting democracy and liberty, a role for the state and the market and seeks to shape the future through an inclusive politics. Solidarity is key which is why we must accept the result of our contest when it comes and support our new leader in developing an agenda that can return Labour to office.

Yes, these are troubled times for social democrats. All over Europe there is a sense among our traditional voters that we are remote and do not share their concerns or represent their interests or values.  There is surge of support for populist right wing parties from Denmark to France, of more left wing parties in Greece and Spain and in Britain too. There is renewal of imperial politics in Russia, the murderous and abhorrent regime of ISIL in the Middle East, volatility in the Chinese economy and in Europe a flow of immigration that causes fear and anxiety.

But, the task of Social Democracy in our time is to fashion a politics of hope that can bring together divided populations around justice, peace and prosperity so that we can govern ourselves democratically. We have seen worse than this and weathered the storm. I am looking forward, with great optimism to be being part of a generation that renews our relevance and popularity in the years to come.

Chuka Umunna is the shadow business secretary and the Labour MP for Streatham.