14 December 2011

Leveson Inquiry: Hearings - Day 17


"I want this inquiry to mean something", not end up as "footnote in some professor of journalism's analysis of 21 century history." LJ Leveson in reply to A Rusbridger's submission to Inquiry.

Lord Justice Leveson (from Telegraph)

The Panel : top row (left to right)
  • Shami Chakrabarti, director of human rights group Liberty
  • George Jones, former Daily Telegraph political editor
  • Sir David Bell, former chairman of the Financial Times
Bottom row (Left to right)
  • Elinor Goodman, former Channel 4 political editor
  • Lord David Currie, former chairman of Ofcom
  • Sir Paul Scott-Lee, former West Midlands chief constable
The proceedings are shown here live on the Leveson Inquiry website.
BBC Democracy Live Leveson Inquiry live-feed here.

Full list of Core Participants to be found here. (Guardian Website)

Relevant links from mainstream media, blogs and social media:

(Twitter feed for Leveson Inquiry on right of Home page of this (#pressreform) blog.) 

Follow Leveson Inquiry:-

Links to articles from media, blog pieces, comment relevant to today's proceedings:

BBC News - Phone-hacking: the Main Players

BBC News - Infographic on links in phone-hacking scandal 
Guardian Leveson Inquiry Round-up Page

Phone-hacking: Full text of Statement Issued By Dowler Family Lawyer - Guardian (following Police revelation over the weekend that NotW did not delete messages from Milly Dowler's mobile phone)
Police Logs Raise Questions Over Deletion of Milly Dowler's Voicemails - Guardian
Audioboo - Nick Davies on the Milly Dowler Voicemails on Sky News - via @lisaocarroll

Further Statement - Sally and Bob Dowler - Hacking Inquiry - Hacked Off
New Inquiry Into Milly Dowler Hacking Launched - Guardian
Letters to Select Committee from James Murdoch and Linklaters
Background to the 'For Neville' Email - Guardian
BBC News - James Murdoch Apologises to MPs Over New Email
Who Will Say Sorry to Rupert? - Kelvin MacKenzie - Spectator

Frozen Planet Criticism is Prompted by BBC's Leveson Coverage - Thompson - Guardian
The Real Reason that Mazher Mahmood Left the Sunday Times Under a Cloud  - Roy Greenslade - Guardian
Guardian Accused of 'Sexing up' Phone-hack Coverage - Press Gazette
Audio - BBC Today Programme - Thurlbeck: 'NotW Chose to do Nothing About Phone-hack Claims'
Guardian Faces Fleet Street Backlash Over Changing Story on Milly Dowler Message Deletions - Press Gazette
Neville Thurlbeck: Knowledge of Phone-hacking 'Went to the Top' of NotW - Guardian 
Video - What Paul Dacre thought of the Lord Justice Eady Privacy Judgement - Sky News- Nov 2008
Leveson Inquiry: Round-up from Journalism.co.uk
Video - BBC News - Dowler family 'Upset' Over daily Mail Phone-call
Colin Myler Grilled Over Mosley Sex Party 'Blackmail' Bid - Press Gazette

Tuesday 13th December 2011 - Session begins at 11.30 a.m. 
( Link to Blog for Day 15 here )
10.00 a.m.-
From Guardian Live Blog:
" Sherbourne says that at 5.15pm on Tuesday, Mark Lewis – solicitor for the Dowler family – received a telephone call from a journalist on the Daily Mail's Ephraim Hardcastle column who wanted to know if Bob and Sally Dowler would be giving the £3m settlement they received from Rupert Murdoch and News International back.
Mr Lewis's reaction was to question to moral compass of the journalist.
Lord Justice Leveson intervenes. He says he wants to get this issue in relation to the Dowler voicemails sorted out before Christmas. He wants "consideration" by the Guardian and is "very happy to consider reflections" from others."
"Leveson says he does not want to "stoke the fire" but wants to give the issue of the Milly Dowler voicemails consideration in an "orderly manner".
Precisely what happened may not ultimately drive the issues that I have to consider within my terms of reference.
However, I entirely understand the significance of the issue and I recognise it is likely to be in the public interest that this be resolved in an orderly manner rather than a cross-article – by that I'm not talking about the temper, I'm talking about the interplay of articles between the various journals and periodicals."

alan rusbridger
Leveson : "I anticipate tt the last month [of evidence] has dispelled any doubt" abt why his inquiry was necessary

Comment from the Sun:
Article commenting on Guardian 'deletion' pieces

16.39 p.m - Lawyer for Associated Press:

Mr Caplan wants to exercise right of reply:
Refers to Sherbourne's statement this morning re journalist from Daily Mail phoning Mark Lewis last night in connection with the news that NotW had not, allegedly, deleted Milly Dowler's voicemails. Caplan explains that there was no ill-intent and that the journalist was merely wanting reaction.

Video - BBC News - Dowler family 'Upset' Over daily Mail Phone-call

Mail: Question About Dowler Settlement 'Legitimate Inquiry' - Press Gazette

Today's Witnesses :- Tom Crone (contd), Jonathan Chapman, Colin Myler

Tom Crone

Tom Crone

Tom Crone's Page in Guardian
Tom Crone Profile - Telegraph
Letter from Tom Crone to the CMS Select Committee 11.12.11

Full Witness Statement

From Telegraph Live Blog:
"Tom Crone is the former lawyer for the News of the World. He has been accused of ordering the surveillance of Charlotte Harris, a phone hacking lawyer. In 2009 he and Colin Myler assured a parliamentary select committee they had no evidence phone hacking went beyond a single "rogue reporter". He has flatly contradicted James Murdoch's claim that Murdoch was unaware of the 'for Neville' email which suggested hacking was widespread."

Crone: advised NI on issues of phone hacking on one occasion before arrests in 2006, and on several occasions after

Crone very, very unwilling to give the date of the one occasion he gave legal advice on Phone-hacking before the arrests of Goodman and Mulcaire because it may incriminate him or someone else.Finally replies 2004.
Says he has never given advice on covert surveillance, but that he has on the Data Protection Act.
Knew about Operation Motorman for the first time after Whittamore arrested.
Former legal chief Tom Crone tells he advised journalists on phone hacking in 2004, 2 years before Mulcaire/Goodman arrests
Crone says he didn't deal with PCC complaints, was the Managing Editor, except on exceptional occasions. Says he had enought to do. Jay suggests that what because PCC complaints were not taken seriously. Crone denies this.
Jay suggesting Motorman implications had been ignored even when Myler arrived.
Crone not aware of any inquiry into the Motorman affair at New Int.
Crone says cash payments had almost been eradicated after 2007 - payments for tips for stories, pictures etc. Jay disputes this and Crone says he was never aware of it. Can't remember - except when Mulcaire payments became a serious matter.
Jay asks about PI use - Crone says after 2007 they weren't used to his knowledge.
Checking stories was responsibility of reporter, then the desk heads, then the Editor via the production staff. He was at times brought in to check legal factors in a story. Jay asks how he would know if a story had legal implications.
Jay asks if he listened to tapes. Crone says yes. Jay asks whether some of the stories were a result of phone-hacking. Did he seek the identity of the source? Crone says he wouldn't necessarily press for source.
PIs - Crone asked whether they were used as sources for NI stories, Crone says not aware of this use, didn't know until Mulcaire arrested and results of Motorman were made public.
Crone has admitted to hiring PIs, but not illegally. Used them for checking. Post-publication checking. Evidence-gathering.
Denies using PIs to surveille Harris and Lewis.

Natalie Peck
TC: We did use PIs to check information post-publication largely in libel terms.

T Portilho-Shrimpton
Crone says he's not sure it's right that he was aware many stories were obtained by PIs and turned into stories by journalists

Natalie Peck
TC: Surveillance (on Lewis and Harris) was conducted by newsdesk. Webb mentioned, I understood he was a freelance journalist.
Phone-hacking Scandal: Colin Myler and Tom Crone Come Out Fighting Against James Murdoch - Mail Online
Video - BBC News - Tom Crone Disputes Murdoch Evidence
Tom Crone is Gone -  New Statesman - David Allen Green
Video - Colin Myler and Tom Crone Give Evidence to MPs - Guardian
Video - Ex - News International Lawyer Hits Back at James Murdoch's Evidence - Sky News

Natalie Peck
Crone described as "quiet but potent" in Peter Burden's book 'Fake Sheiks and Royal Trappings.

Natalie Peck
RT : Crone: most of Peter Burden's conclusions before this inquiry were reached by extrapolation and conjecture

Ross Hawkins
Tom Crone at : every newspaper lawyer has come across a journalist who has told a lie

T Portilho-Shrimpton
Crone: every newspaper has done copyright lifting

Ross Hawkins
Tom Crone at : I'm not a guardian of ethics here

PCC Code:  Jay asks did not Crone's advice cover the PCC Code before a story was published? Often consulted the PCC Board on a weekend. Seems to be saying Code issues not as important as privacy issues.
Frequent coversations with Kuttner and another Managing Editor about stories doubtful about. Jay wants to know just how seriously they took Code. Crone says very seriously.
Back to Burden's Book 'Fake Sheikhs etc....' says he never saw concocted stories from Mahmood.
Mosley: Crone saw a fair amount of the video tape. Was aware story being restricted to a few in the know. Jay wants to know who raised question of Mosley's being pre-warned. Myler on duty at time. They decided not to pre-notify because danger of leaks or Mosley would go for injunction.
Jay now admonishing Crone and NotW for not pre-warning Mosley. Crone ssays didn't want to be stopped by a court from printing it. Jay suggests someone like Eady would give injunction for that story.
Jay askes if he spoke to Thurlbeck about Mosley story. Crone says not.
Does Crone accept that the emails to the two women in the Mosley case were blackmail? Leveson now questioning corporate governance and legal propriety oversight to follow-up stories - what was Crone approach to these wome. Calls it 'remarkable'.
Leveson: Does it not follow that the way these stories were developing occupied a parallel universe to the one you were involved in? This was a big story, why wasn't he consulted?
Crone now at a loss to remember sequence of events.
Jay now asking about Crone's answer to Select committee about the emails to the 2 women in Mosley case.

From the Guardian:
"Crone says he was not "consulted" before the emails were sent to the two women.
3.47pm: Jay discusses the Mosley follow-up story the following Sunday when the paper attempted to get first-hand testimony from two of the women involved in the orgy.
They were allegedly told in emails from the former chief reporter Neville Thurlbeck that if they agreed to give their first-hand stories they would get anonymity and cash. If they didn't their identities would be revealed.
Crone admits that the emails came "pretty close" to blackmail."

Crone says he is unaware if Thurlbeck disciplined or spoken to after Mr Justice Eady's judgment

Crone says there was a general lack of respect for LJ Eady's judgements in the NI ranks.
Back to Mosley video - was Crone asked to advise on legality of displaying the excerpts? he didn't think he was.
Sarcastically, Crone says videos tend to be watched by thousands when placed on the website. He didn't advise it be taken down.

Crone: I thought it was pushing it to put up the video. Jay: did you advise it be taken down? Crone: I don't think so.

Guardian: Leveson says:
"Mr Crone I am slightly concerned, this was massive litigation, you were involved in privacy litigation with a man who clearly felt extremely strongly about what had been done to him and what concerns me is that the appropriate approach wasn't discussed with the most senior legal officer in the company …
4.12pm: David Sherborne says his recollection was that video was taken down before the application for interim relief following the publication of the first story, but was put back up."
"Crone says he has trouble remembering the precise advice he gave and in what order he gave it:
Part of the problem is memory … I have trouble remembering what happened in what order … you may say that's bad, but I say that's the truth."

T Portilho-Shrimpton
Crone: not true I promised Goodman he coud come back to a job at the newspaper if he didn't implicate it or its staff

John Bingham
Andy Coulson wanted hacker Clive Goodman to come back to work at NOTW after jail - Crone

Peter Howells
Coulson said that whatever happened to Goodman he would be able to come back to NOTW, not as reporter but doing book serialisation

Natalie Peck
TC: I was concerned by "rogue reporter" line. I thought it would come back to bite people. I had discussions about it.

Telegraph Live Blog:
"16.23 Crone says in his witness statement he believed since 2007 the "rogue reporter" theory was "erroneous from the outset." He had no "hard evidence" but did discuss it with other people - those conversations are privileged, he says.
"I expressed he view that others were probably involved," Crone says.
"The line was put out, one rogue reporter. You heard that party line being peddled. Didn't that ever cause you concern?" asks Jay.
"Yes, I felt it would come back to bite the people concerned," says Crone.
"You were certainly right there," says Leveson. "Did you do anything about it?"
"I had discussions," says Crone. He said he "reported upwards the legal ramifications.""

Hacked off
Crone: was surprised in the light of what was said by the judge... that we hadn't heard further from the police

Crone: hackgate worst thing in newspaper's history. Wanted to draw a line under it.
"Jay asks Crone whether it was News International's hope to protect the company from reputational damage."Yes. I cannot deny that," replies Crone. "I think that was everyone's hope to be perfectly honest.""
"Crone says he asked five or six News of the World journalists whether they had been involved in phone hacking. He adds that the journalists said they had not.Jay is reading out Mark Lewis' account of a meeting between Crone and Lewis in Manchester."
 LJ Leveson intervened at this point and after asking about the ethos at the NotW, which it has been suggested would have re-employed Clive Goodman after serving  his prison sentence, the Inquiry closed for the day.

14.12.11 - Tom Crone's Evidence session continued from 13.12.11:-
Jay discussing the report of the Culture, Media and Sport Select Committee about the 'blackmail' of the two women in the Mosley case. Asks if Crone would like to change the evidence he gave yesterday and in his witness statement. Crone says he does not wish to change it.

Jay returns to where the questioning was left yesterday. Discussing 'for Neville' email. Crone spoke to four journalists at the News of the World. They denied knowledge of the contents.
Jay now asking why Crone did not make a note of what he said to the four journalists. Crone says he'd made Myler aware of the documents and had said James Murdoch should be made aware, too. Crone says he was about to go on holiday but that he said he could come in for a meeting with JM the next week.
Jay says that whatever the journalists were saying, Crone et al pressed ahead with the settlement to Taylor. Jay: Did you not believe what the journalists were saying?Crone non-commital.
Crone only able to make unsigned payments of £5 000.
Jay: Leading Counsel didn't advise until leter. Crone: That's right, not in writing.
Jay asking about the discussions about amounts of payments to Taylor, suggesting they were desperate to settle at any cost.
Jay: when you came back from holiday and read LC's opinion what did you think? The opinion mentions the fact that Leading Counsel thought the existence of evidence of wider hacking meant that they would lose the case.
Now Jay wants to know whether the Operation Motorman report had any effect on their actions.
Crone says the report prints the names of individual journalists. Jay argues that it did not. Crone says it was a document prepared by the ICO and was part of the evidence against Whittamore. Jay puzzled. Crone adamant.

Hacked off
Crone and Jay arguing whether a line in evidence has come out of Op Motorman documents. Jay very confused.

Crone says he saw doc that came out of Op Motorman disclosure that listed individual names of journos involved.

From Guardian Live Blog:
"Crone argues that Siliverleaf refers to "senior NGN journalists" and that this could not have come out of the "for Neville" email. Therefore it could only have come from the Operation Motorman material.Jay challenges this: he says the journalists are not named in the Motorman report.
Crone insists on his argument; he says he has seen a version of the Motorman report that does mention names.
Jay says he is now confused: is Crone saying that the names came out of police disclosure of Motorman?
Crone says he believes it may have been disclosed as part of the prosecution of private investigator Steve Whittamore, whose work formed the basis of the Motorman report."
Jay asks if there was a discussion about the culture of illegal gathering of information in Leading Counsel's opinion with the top managers of NI/NotW. Crone says he may have mentioned it to Myler.

Crone: highlighted paras thought were strongest in counsel's opinion before sending copy to Myler

From Guardian Live Blog:
"Jay is now questioning Crone again. He says that News International had the Operation Motorman documents for years. He is trying to get Crone to accept that Silverleaf's opinion did not relate to Motorman."
"Crone insists there were named journalists in the Motoroman report and Silverleaf was basing his opinion on this.
I haven't invented this document [unpublished Motorman data]. You haven't got this document and that is a problem.
Leveson intervenes at this point to correct Crone, to tell him the inquiry has seen the entire Motorman material."
Jay: Confronted by Silverleaf's opinion, was the strategy to settle at any price or to do anything about the culture? Did Myler have authority to settle for such a large sum? What was James Murdoch's involvement? Crone: JM wanted to wait for Leading Counsel's opinion.

Crone says he told Myler about "culture of illegal info access". Jay asks him if Myler was going to do anything about it.
Jay: Pike's notes about a telephone call following the meeting with JM and Myler. Crone says Myler was perhaps frustrated with Taylor's demands and Crone's 'pretty clear' that James Murdoch was willing to settle the case for 'a bit more than the £350 000. He has no file note of that meeting. Jay, Only Myler, J Murdoch and Crone at the meeting.
Myler had a copy of Leading Counsel's opinion. Crone took all relevant documents into meeting. James Murdoch had copy of 'for Neville' and Crone says he has a feeling JM already knew all about it.
At metting Crone says the 'damning email' was discussed and what was relayed to JM was that the email was hard evidence and together with the Operation Motorman report.

Matthew Holehouse
Crone says he held up a copy of the "for Neville" email at a meeting with James Murdoch and Myler

Elaine Decoulos
Crone puts knife in: "Think James Murdoch was willing to settle w/ Taylor for more than £350,000". 'For Neville' email discussed!
At a lunch later, Crone learnt there were 2 more cases in the pipeline. Says he wasn't surprised.
Jay asks who was the guardian of ethics at NGN if not Crone (Crone says he wasn't yesterday) Jay: Who was responsible for corporate compliance? Crone suggests Chapman amongst others, chief executive.
Leveson asks if Crone wasn't concerned when all of the evidence was coming in? Crone says the highest he could take it was James Murdoch. Suggesting James Murdoch was aware of the situation, certainly in Taylor case.
Jay: asking about Kate McCann Diary and Crone says he played some part in clearing it up afterwards. Crone says he thought they'd had permission from someone acting for the McCanns to print extracts of the diaries. Emails broadly support this, says Jay.
Crone had involvement in the Starsuckers film. Jay asks if he tried to persuade Atkins to pull parts of the film becuse it featured one of the journalists. Crone says he doesn't remember whether he did, or whether he instructed Farrers to act.
Atkins tempted a journalist to buy ficticious information on a celebrity in a sting. That journalist seemed to be interested said Atkins. Jay said that the NotW were 'furious' at the invasion of privacy of the journalist. Crone cannot remember what was on the film, that the journalist behaved pretty well but that he doesn't remember the privacy part. Crone said he was trying to get Atkins to give a fair representation of what the journalist did.
Crone now protesting to Leveson that he can't remember whether it was he who objected to publication of the film.
Leveson now asking Crone if he doesn't see irony in the fact that he was demanding privacy from Atkins but wouldn't allow it to Mosley.
Crone now repeating that he never believed it was just one 'rogue reporter' and that he thought would have been better had they faced up to the scandal and come clean, done something to put it right.

Ross Hawkins
Crone at : NI thinking was hacking problem should be contained, different route would have been to face up to it

John Bingham
Crone: NOW had lost its way by 2006 and someone should have placed 'his or her hand on the tiller'
From Guardian Live Blog:
"Crone says people involved in phone hacking on the News of the World should have been sacked.He concedes that "appropriate steps" were not taken on the paper following the Taylor settlement.
He says "appropriate steps" would have been "to identify the personnel involved and to part company with them".
He said the strategy seemed to be one of containment and to limit reputational damage.
The problem was trying to be contained. A different route would have been to face up to it, take some steps and it would obviously have become public."
Jay now asking Crone about the use of PIs to investigate lawyers (Harris and Lewis).
Crone had said he'd raised the matter with Edmonson about doing something to find information on Lewis and Harris. Webb was a PI. Crone thought he was a frelance journalist. Jay says Webb had been doing surveillance since 2003. Crone knew he was an ex-police officer. Crone knew Webb did surveillance. says it was always a part of jornalism.
Jay asks if he had any oversight of the work Webb did. Webb had been absent for 15 months on a criminal matter from which he was absolved and for which there was a confidentiality clause. The document was organised by Kuttner and Crone. Webb came back into the company in 2009, Crone knows he was doing assignments for the News Desk. Crone says he did not know that Webb had been asked to give up his PI licence and join the NUJ so as to appear more legitimate. Crone says there isn't a newspaper in the country which doesn't occasionally use PIs or get a journalist to watch celebs etc.

T Portilho-Shrimpton
Crone: have no idea whether they were fishing expeditions or acting on information. Fishing quite expensive for newspapers

Now Jay is asking about phishing exercises.
Crone says he had no control over this aspect. Jay pushing Crone on his expressed belief that Webb was a journalist and not a PI. In case of Harris and Lewis, Crone admits there was no journalism involved.
Leveson now questioning Crone on Webb's change of status from PI to journalist. Leveson suggesting that it was so the paper could say they only use journalists and not PIs.

From Guardian Live Blog:
"Jay says Webb's submission will show a number of commissions to watch people between 20 May 2009 and 30 June 2010.Crone says it was his understanding that Webb was a member of the National Union of Journalists and was therefore a journalist.
He agrees that Webb "was doing something for the legal department", but says he was working for the company as a journalist."
Jay and Leveson both accusing Crone of knowing full well that no story ever appeared in the paper with Webb's byline and that he must have known Webb was still working as PI. Crone says he doesn't remember ever seeing one.
Crone suggests Pike wanted the two lawyers surveilled and he wasn't keen on this but went along with it.
(Pike yesterday denied all knowledge and said Crone arranged the surveillance)

T Portilho-Shrimpton
Sherborne says he would like to ask questions about the surveillance but says the matter needs to be dealt with in private

Sherbourne  now questioning Crone on the use of Webb against the 2 lawyers, Looking at police report. Has documents which refer to emails concerning surveillance. Email from Kuttner to Managing editor Nicholas.
Crone's name on all of them. 'Derek Webb File'. 'Silent Shadow' was the name given to the surveillance of the two layers. Crone does not have any recollection of seeing these emails or the files.
4 Files being mentioned by Sherbourne to Crone. Senior executives of NotW were sent all of these documents. Crone doesn't know anything about 'Silent Shadow'.
Linklater email - mentions memory stick and video 'located in Tom Crone's office'. Footage of Harris and Lewis. Email from Webb to Edmonson about Harris' footage.
Sherbourne trying to show that Crone knew Webb was a PI.
Crone says he's never used a memory stick in his life, so wouldn't have used that one. Says journalists regualrly now use video cameras in their work.
Questioning of Crone now complete. 12.26 p.m.

Jonathan Chapman

Jonathan Chapman with Daniel Cloke

Full Witness Statement

From Evening Standard  September 2011:-

"Jon Chapman, the former director of legal affairs at News International, said he had been tasked with reaching a "reasonable settlement" with Mr Goodman's lawyers to prevent the case going to an employment tribunal. Goodman, who had been jailed in 2007 over the hacking scandal.
Speaking to the Culture, Media and Sport committee, he said he had not known about the extra £90,000, which he described as "gratuitous". MPs, who are investigating whether there was a cover-up at the newspaper company, described the payments to a reporter convicted of criminal behaviour as extraordinary. "You paid a quarter of a million pounds to this man," said committee member Philip Davies.
Mr Chapman said there was "no basis in which we were trying to cover up", telling the committee: "We got to a figure which to my mind was a reasonable settlement."
He said the extra money was perhaps made "on compassionate grounds" to help the Goodman family."
From Telegraph Live Blog:
12.27 p.m.: "Up now is John Chapman, a former director of legal affairs at News International from 2003 to 2011. He looked after the commercial side of the business, such as HR and advertising, whereas Tom Crone looked after the editorial content of The News of the World and The Sun. He starts with a barb at Crone's apparent failure to police the NOTW staff.
'I've heard Mr Crone's testimony. I would have thought complaince would have been picked up by lawyers on the editorial side. Clearly Mr Crone doesn't agree with that.'
He recalls when police arrived at NOTW during the Clive Goodman saga. Stuart Kuttner, the managing editor, said "Quick, quick, what do we do?" Chapman was the only lawyer there.
John Chapman's next involvement in the Goodman arrest saga was when Clive Goodman was dismissed from News International by Les Hinton, Rupert Murdoch's 'right hand man'. Hinton had decided to pay Goodman one year's salary "in view of his service and pressures on his family", but Chapman had put in a line saying they were they were under no obligation to pay Goodman."
Chapman cannot undertand how some of the emails he examined were 'cut off' - Leveson comments on the strangeness. Chapman doesn't think they could be deleted completely by NI, and that this was an attempt to hide contents.

T Portilho-Shrimpton
JC: I recollect that legitimate use of Mulcaire by NI was accepted in pleadings in the criminal trials

From Guardian Live Blog:
"Chapman says he reviewed all of the 2,500 emails "made available" that were sent to Harbottle & Lewis for review following the sacking of Goodman.He reviewed them along with Daniel Cloke, the company's former human resources chief.
Chapman is asked whether he saw any emails from 2003, emails referred to "obliquely" in evidence given by former Harbottle & Lewis partner Lawrence Abramson in evidence yesterday.He said he heard Abramson's evidence and was "surprised". He said he had not seen these emails.
Chapman is asked if he was familiar with the reference to some of the emails as "cut off" on the system.
Chapman says that is a fair way to describe them. There were some problems with the IT system in retrieving the emails.
'They would finish before there was a sign-off. There were also some blank emails which had addressee … and nothing on it.'"

Chapman: purpose of email review just for internal dispute with Goodman, not for wider use by NI.

T Portilho-Shrimpton
JC - was aware the judge in 2007 had made references to voicemail interception and to others at News International

From Guardian Live Blog:
"Chapman says that the proposed settlement for Goodman was "in the region of £100,000" plus £40,000 in compensation. This was lower than the limit in employment tribunals of £60,000.
Chapman says the Mulcaire emails were not part of the Harbottle & Lewis review because they did not fall under the parameters of the review which was "derived" from Goodman's grounds for appeal over his dismissal.
He is asked about another exchange with Abramson which refers to "containing" the issue.
Chapman says this was legitimate.
'[There were] a number of allegations being made. We felt that at that stage the thing to do was investigate those allegations … the problem for the News of the World was that they had a new editor on board, a new process, a new broom; this risked, if the allegations had substance, of everything flaring up again.'"

Chapman: £90k paid to Goodman by NI in Feb 2007

T Portilho-Shrimpton
JC: Les Hinton decided to make the £90k payment to Goodman. The money was not part of the legal settlement.

T Portilho-Shrimpton
JC: feeling at NoW was that there was a desire to get this behind the newspaper, carry on as a business, restore morale

Total figure paid to Goodman post-dismissal was £250k, includes £140k (£90k notice, £50k compensation).

From Guardian Live Blog:
"Leveson asks how it was that a man jailed for unlawful accessing of voicemail communications of members of the royal household got about £250,000 from News International."

T Portilho-Shrimpton
Jay: figure paid in Feb 2007, the 90k, was more than the basic compensatory award, wasn't it? JC: yes.

Chapman says he was not made aware of Silverleaf's 3 June 2008 opinion ("culture of illegal info access" at NoW)

Chapman agrees with Jay that the awarding of amounts of money to Mulcaire was as with Goodman, an attempt to keep to a minimun the harm to the company's reputation, morale and future.
Chapman was surprised and diappointed that there was not 'one rogue' reporter.
Chapman read the 'What Price Privacy' report. He wasn't aware of compliance issues.

From Telegraph Live Blog:
"He confirms he was involved in internal discussions over settling the Max Clifford case.
He says he was not aware of Michael Silverleaf QC's opinion to News International of June 3 2008 that there was a "culture of illegal information access" at News of the World.
He says he was "disappointed and surprised" to learn what emerged at the Goodman and Mulcaire trial. He was not involved in creating the "rogue reporter" line.
He was involved in the compensation paid to Glenn Mulcaire of £70,000 compensation and £10,000 costs. Again, this was for confidentiality and reputation protection."

 Questioning of Jonathan Chapman ended here.

Colin Myler

Colin Myler former Editor News of the World

Colin Myler, closure of News of the World

Colin Myler Page - Guardian

James Murdoch, Colin Myler and Tom Crone Emails - Full Text - Guardian

Video - Colin Myler and Tom Crone Give Evidence to MPs - Guardian - Dan Sabbagh Analysis

Fresh Evidence Casts Doubt on Murdoch Stance - Financial Times - 13.12.11
Ian Burrell: James Murdoch's Blackberry Defence is Hard to Swallow - Independent
McCanns: 'Angry' Colin Myler 'Berated' Us Over Interview - Press Gazette

Colin Myler joined News of the World in 2007 following resignation of Andy Coulson.
Jay refers to the reason why Myler left the Sunday Mirror after a court case. 

Sunday Mirror Fined £75 000 for Contempt of Court - Guardian

Leveson asks whether the effects of that experience has governed his ethical behaviour since, although Myler's explanation as to what happened exonerated him.

Ross Hawkins
Colin Myler fmr NotW ed at : saying paper scored highly in staff survey on ethics etc by early 2011

Mark White
Myler recounts being sacked from Sunday Mirror for publishing story which a judge ruled prejudiced trial of Lee Bowyer
Jay asked about disciplinary proceedings between 2007 - 11. Myler says there were cases but none ended in dismissal. There were some mediated complaints - 20 or 30. One from the PCC - soon after Myler's arrival at NotW - he can't remember details. Jay says it led to PCC judgement re lack of prominance of an adjudication. Myler says he doesn't remember. One journalist was given a written warning, 2009 - 10.
Discussing Myler's responsibilities and ensuring compliance.
Myler says after Goodman Mulcaire trial, was an atmosphere of shock and dismay. When Myler arrived, he made changes, including in style.
Jay wants to know what the culture was like at the NotW before he arrived. Myler says he believed in delegating, managerial and collective responsibility and accountability.
Myler denies there wasn't an ethical culture before he arrived. Managers knew rules.
Myler instigated a system of payments to lawful and legitimate sources and participants of stories - cash payments. Leveson stresses the word 'cash'.
McMullan had mentioned expenses cheating in News of the World.Myler says he didn't recognise that picture. Now completely destroying McMullan's evidence.

Ross Hawkins
Myler at : McMullan drifted off into a world of car chases, hacking phone, blagging; that's not a world I recognise

T Portilho-Shrimpton
Myler says blagging and hacking not a world he recognises
Cash payments in his tenure as Editor fell up to 89%.
Mazher Mahmood's expenses were not exactly ring-fenced but need to be less strictly examined because of the cases he dealt with.
Jay asking just how Myler reduced expenses. Myler just said he was much stricter. Sources were not paid so freely. The department Features had to work in a completely different way after his arrival as Editor.
Jay asked how he changed the payments regime.

Myler changed the Staff. Myler says he doesn't want to cast aspertions on individuals by naming them. Leveson says he need not as the implications are clear.

Jay now addressing Privacy Law. Myler noticed changed Privacy Law landscape when he returned from America in 2006. Was now becoming challenging to meet the laws the courts had laid down. He feels lawyers were cashing in by pointing money-making chances out to those whose photo had been printed, for instance. Leveson intervenes and Myler admits he may have been too harsh.

Mosley case: Myler says two rival papers were having stories from the NotW leaked to them at that time. He wanted to reduce the chance of this so put the story in a later edition not the first. Myler watched the whole Mosley video and because of 'custom and practice' it was placed on the website. Jay asks if any of the video was appropriate to put up, Myler says it would have difficult to find anything on it which was appropriate.

Myler says the video was put up as evidence that what took place, took place. Leveson: Was there no questioning of the propriety of it in circumstances in which they knew Mosley would go for an injunction. Myler says thought was given to this.

Jay asks why not confine themselves to the written word - why the images? Myler says that's just what they did. Jay asks why not a 'family rated' version? Myler says he believes they had independent advice from Counsel. Article emerged 30th March - Myler on holiday for the 2nd article 6th April. But he takes responsibility for it.

Leveson wants Myler's opinion as to what he would have done if he had been available on the decision-making. In court, Myler was asked about emails to the 2 women involved in the case. Myler can't tell Jay when he saw the emails.

Myler thinks he may just have been told about them. When he was questioned about the emails in court, it wasn't the first time he'd seen them. Jay asks if he was surprised. He agreed that the wording in the emails could have been interpreted as a threat. Myler is surprised Thurlbeck said Thurlbeck didn't send them or even write them.

Copy of the Judgement in the High Court - Newsgroup Newspapers v Max Mosley

Myler says what was in those emails was unnecessary. He doesn't know why he didn't reprimand Thurlbeck.

Extract from email:
"I’m just about to send you a series of pictures which will form the basis of our article this week. We want to reveal the identities of the girls involved in the orgy with Max as this is the only follow up we have to our story.
Our preferred story however, would be you speaking to us directly about your dealings with Max. And for that we would be extremely grateful. In return for this, we would grant you full anonimity [sic], pixilate your faces on all photographs and secure a substantial sum of money for you. This puts you firmly in the driving seat and allows you much greater control as well as preserving your anonimities.

BUT time is running out for us and if you want to come on board, you need to start the ball rolling now.'

LJ Leveson expressing disbelief that Myler and Thurlbeck etc didn't consider the wording in those emails as a threat.he says Thurlbeck still doesn't 'get it'. Myler agreeing and says experienced journalists shouldn't behave like this. Repeating his shock that the NotW seem to think the courts and judges were wrong in passing the judgements they did.

T Portilho-Shrimpton
asks, however experienced they (Thurlbeck and whoever wrote email) were, they certainly weren't professional

Ross Hawkins
Myler at :I and notw were humiliated by Mosley privacy victory

Myler said the atosphere at NotW on his arrival was very 'laddish' - few women. Thought the tone of the paper was 'loutish'. He appointed a women deputy, brought in more women. Words, headlines and pictures were changed and tried to move language towards the female readership. New Features Editor - a woman.

T Portilho-Shrimpton
Myler now trying to get feminist points.

Jay pressing him to state what things were like before he took over. Leveson suggests that until today, he has been less than honest in his evidence.

Myler wanted to put the story forward for 'Scoop of the Year' award.

From Telegraph Live Blog:
"15.25 Jay says Myler's view now of the Neville Thurlbeck and his emails to women contradicts what he told the select committee, when he said Thurlbeck was "professional".
Myler says in hindsight he should have issued Thurlbeck and his colleague a formal written reprimand for the email.
Jay notes he subsequently nominated the Max Mosley story for 'scoop of the year' at the British Press Awards. "You weren't contrite, you were proud of all of this," snaps Jay.
"Let's be clear, the NOTW was humiliated by Mr Mosley's court victory. I was humiliated. It was a landmark in how tabloid newspapers have to approach those kinds of stories. I wasn't gloating," responds Myler."
 What Paul Dacre thought of the Lord Justice Eady Privacy Judgement - Sky News

Jay now asking about PIs.
Myler sent out letter including the use of PIs.

Myler says cash payments only permitted in exceptional circumstances, each one recorded after Jan 2007

T Portilho-Shrimpton
Myler: respected and accepted Eady J's decision, but I didn't totally agree with it, no

Ross Hawkins
Myler at : Mosley "brutal and depraved" orgy was not ethical standard FIA would expect
From Telegraph Live Blog:
"15.42 Myler says when he took over the use of private investigators had to be within the PCC code and the law. They could not be used for 'arms' length journalism'."
From Guardian Live Blog:
"Myler says he thought the story on Mosley was justified.
Mr Mosley was the head of the richest sport in the world. It had a global membership of 120m including the Automobile Association. As head of that he presided over a huge expansion programme, he should have displayed ethical standards … taking part in orgies that were brutal and depraved and included paying women for sex was not [behaviour] the FIA could reasonably accept."
Now discussing Webb, PI. Myler was told that it would be better for Webb to become a journalist. Was a thoughtful, sensible proposition by the journalist who suggested that Webb be given an NUJ card.
After Webb's court case and his return to NotW, Myler said he doesn't remember what work Webb did. No deatils of the jobs he was given to do. 

Peter Howells
Myler : Became aware of Derek Webb when he was arrested. The case collapsed. I was told he was excellent so got him an NUJ card

T Portilho-Shrimpton
Myler: Webb becoming memebr of NUJ made him "more aware of the responsibilities of working for the NoW"
PIs would work to ascertain the veracity of a story.
Tip-offs for a story came from a regular circle of people, Max Clifford etc. 
Did Myler take advice from Crone? If he wasn't away, yes, or Leading Counsel.His advice was always very clear.

Michael Phelps story:  photograph taken of MP smoking cannabis on a University campus. Jay says smoking cannabis is at the lowest end of criminality. Jay asks where the photo taken, how? Myler says someone at the party took it. Can't remember where the photo came from. Jay says it was a private party but breaking the law. Myler said it was justifie because Phelps was a huge role-model breaking the law. Justifies the public interest side. Outweighs the privacy issue.
Phelp's agent was contacted and told they had the photos. Jay - didn't you risk allowing them to get an injunction? Myler:Yes. Phelp's people offered much money to keep the picture out of the papers.

McCanns: NotW very supportive of the McCanns - frequent contact with Gerry McCann. Ian Edmonson would speak to McCann's spokesman.
Jay mentions the 'irate' phone-call from Myler to the McCanns. Myler denies it.

T Portilho-Shrimpton
Myler: relationship with Gerry McCann was such that he would call and thank me for what the NoW had been doing

Mark White
Myler: I had no cause at any stage to berate or be irate with Gerry McCann. It was a relationship I valued
From Guardian Live Blog:
"Myler is asked about Gerry McCann's claims three weeks ago at the inquiry that Myler had an "irate" phone call with the couple following a decision to do an interview with Hello! magazine.
Myler says:
I was surprised to hear that from Gerry. I think he said I berated him. I do not have a reputation for berating people.
4.16pm: Jay now raises the issue of the McCann diaries.
Myler says in paragraph five and six in his statement the newspaper was "very supportive" of the McCanns and he wouldn't adopt the stance taken by other papers.
The paper had a very succesful campaign and raised £1.5m in 48 hours. He spoke to Gerry McCann frequently – every few weeks, depending on what was happening."
Jay mentions document where details of buying the Diary of Kate McCann are laid out. Jay asks about Kate McCann's permission and whether he was going to ask KM before they printed it. The journalist who had procured the Diary from the Portugese Police wasn't to be paid until the Diary was printed. Jay asked why he didn't contact kate McCann to ask permission. Edmondson had assured him their spokesman had said it would be fine. Myler said he  wouldn't have published if he hadn't had KM's permission.

Edmondson had reassured him that permission had been given through Clarence Mitchell, the McCann's spokesman.

Myler is sounding very unsure of himself. Jay sensing this.
Myler blaming either Clarence Mitchell or Ian Edmondson.
Or the Portugese Police!
Leveson: the document (assurance of agreement from Clarence Mitchell and the McCanns) does not set the agreement out in words of one syllable does it? This document is most clearly ambiguous, isn't it? Not terribly clear, would you agree with that?
Myler said they apologised to McCanns and made a donation to McCann;s charity. leveson: Substantial donation? Myler: Oh, yes.

Myler session over for today.