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Phone-hacking allegations 'blown out of all proportion', court hears Phone-hacking allegations 'blown out of all proportion', court hears
(about 1 hour later)
The phone-hacking trial is the result of a "political hot potato", with the allegations against senior News of the World staff blown out of all proportion, the Old Bailey has been told.The phone-hacking trial is the result of a "political hot potato", with the allegations against senior News of the World staff blown out of all proportion, the Old Bailey has been told.
Jonathan Caplan QC, for the paper's former managing editor Stuart Kuttner, told jurors the trial was driven by the police's anxiety over the first botched investigation into hacking in 2006, when the paper's then royal editor Clive Goodman, also a defendant in the trial, was arrested.Jonathan Caplan QC, for the paper's former managing editor Stuart Kuttner, told jurors the trial was driven by the police's anxiety over the first botched investigation into hacking in 2006, when the paper's then royal editor Clive Goodman, also a defendant in the trial, was arrested.
He started his closing speech by reading a transcript of a call Kuttner made to police in 2002 alerting them to a voicemail recording the paper had which might assist them in their hunt for the missing Surrey school girl Milly Dowler.He started his closing speech by reading a transcript of a call Kuttner made to police in 2002 alerting them to a voicemail recording the paper had which might assist them in their hunt for the missing Surrey school girl Milly Dowler.
Kuttner had even told the police the paper had confirmed Dowler's mobile number and pin number from schoolfriends and listed the voice messages the paper's chief reporter Neville Thurlbeck had recorded, Caplan said.Kuttner had even told the police the paper had confirmed Dowler's mobile number and pin number from schoolfriends and listed the voice messages the paper's chief reporter Neville Thurlbeck had recorded, Caplan said.
"From that moment, the Surrey Police were fully on notice that the News of the World was in possession of recordings of messages from Milly Dowler's voicemail. That was Saturday, 13 April 2002."From that moment, the Surrey Police were fully on notice that the News of the World was in possession of recordings of messages from Milly Dowler's voicemail. That was Saturday, 13 April 2002.
"Nine years after that, in August 2011, Mr Kuttner was lifted literally out of retirement when the Met Police called at his home and arrested him."Nine years after that, in August 2011, Mr Kuttner was lifted literally out of retirement when the Met Police called at his home and arrested him.
"He had been retired for two years, he had two heart attacks and had suffered a severe brain-stem stroke."He had been retired for two years, he had two heart attacks and had suffered a severe brain-stem stroke.
"What had happened to prod police into action all those years later?" Caplan asked. "Could it be that someone had finally picked up Mr Kuttner's call to the assistant chief constable nine years before?""What had happened to prod police into action all those years later?" Caplan asked. "Could it be that someone had finally picked up Mr Kuttner's call to the assistant chief constable nine years before?"
Caplan told the jury that the current trial began last October, 11 years after Kuttner called Surrey police, and seven years after the arrests of Goodman and Glenn Mulcaire, the private investigator who was on a £100,000 contract with the paper.Caplan told the jury that the current trial began last October, 11 years after Kuttner called Surrey police, and seven years after the arrests of Goodman and Glenn Mulcaire, the private investigator who was on a £100,000 contract with the paper.
"One asks, perhaps rhetorically, did the News of the World and phone hacking suddenly become a political hot potato?"One asks, perhaps rhetorically, did the News of the World and phone hacking suddenly become a political hot potato?
"Were the police anxious that they might be perceived to have slipped, or have been slip-shod?. "Did the crown prosecution think the dust should be blown off Mulcaire notebooks seized in 2006 and there should be other grounds for prosecution?""Were the police anxious that they might be perceived to have slipped, or have been slip-shod?. "Did the crown prosecution think the dust should be blown off Mulcaire notebooks seized in 2006 and there should be other grounds for prosecution?"
"Whoever turned up the heat on this particular potato, I only mention that because this case now cries out for some sense of proportion.""Whoever turned up the heat on this particular potato, I only mention that because this case now cries out for some sense of proportion."
Caplan told the eight women and three men on the jury that the trial was unusual for a number of reasons, pointing out that the glass wall that separates the defendants from the rest of the court was there to stop them "jumping the dock" and attacking the judge.Caplan told the eight women and three men on the jury that the trial was unusual for a number of reasons, pointing out that the glass wall that separates the defendants from the rest of the court was there to stop them "jumping the dock" and attacking the judge.
The Old Bailey, he said, is the country's central criminal court and more accustomed to trying terrorists, murderers and bombers.The Old Bailey, he said, is the country's central criminal court and more accustomed to trying terrorists, murderers and bombers.
"In this case there are no dangerous people in that dock … no one has been killed and no physical bombs have been detonated," said Caplan."In this case there are no dangerous people in that dock … no one has been killed and no physical bombs have been detonated," said Caplan.
He went on to tell the jury that the prosecution's case was "all about inference" and that it had made seven erroneous assumptions in its case against Kuttner.He went on to tell the jury that the prosecution's case was "all about inference" and that it had made seven erroneous assumptions in its case against Kuttner.
Caplan said Kuttner did not "cook the books", he did not have knowledge of hacking, he did not know who Mulcaire was until his arrest in 2006, nor did he know a second contract signed in 2005 for an extra £500 a week for someone called Alexander was, in fact, for Mulcaire.Caplan said Kuttner did not "cook the books", he did not have knowledge of hacking, he did not know who Mulcaire was until his arrest in 2006, nor did he know a second contract signed in 2005 for an extra £500 a week for someone called Alexander was, in fact, for Mulcaire.
Why would he have wanted to "slash" his pay if he had conspired with him on hacking? "Surely if you have a golden goose, you allow the goose to lay the golden eggs," said Caplan.Why would he have wanted to "slash" his pay if he had conspired with him on hacking? "Surely if you have a golden goose, you allow the goose to lay the golden eggs," said Caplan.
Jurors were told that the evidence against Kuttner was that he only knew of one intercepted voicemail and that was of Dowler's and he had alerted police to it.Jurors were told that the evidence against Kuttner was that he only knew of one intercepted voicemail and that was of Dowler's and he had alerted police to it.
Former News of the World chief reporter Neville Thurlbeck told the police that schoolfriends had given him her mobile number and he had repeated that in his own conversation with the police. If there had been anything "sinister" going on, why would Kuttner have volunteered this to the police? Caplan asked.Former News of the World chief reporter Neville Thurlbeck told the police that schoolfriends had given him her mobile number and he had repeated that in his own conversation with the police. If there had been anything "sinister" going on, why would Kuttner have volunteered this to the police? Caplan asked.
He told jurors that Kuttner didn't approve of the Dowler hack, didn't agree to it and once he was informed of it, immediately went to the police.He told jurors that Kuttner didn't approve of the Dowler hack, didn't agree to it and once he was informed of it, immediately went to the police.
"Some people in a lifetime would never have a crisis of conscience, some wouldn't know they had one if it hit them with a force of a 10-ton bus. Mr Kuttner knew that he had a crisis of conscience … and wanted to tell police about this in case it could assist in the investigation.""Some people in a lifetime would never have a crisis of conscience, some wouldn't know they had one if it hit them with a force of a 10-ton bus. Mr Kuttner knew that he had a crisis of conscience … and wanted to tell police about this in case it could assist in the investigation."
Kuttner said he couldn't recall who had told him about the hack, but he knows he was not told it was Mulcaire.Kuttner said he couldn't recall who had told him about the hack, but he knows he was not told it was Mulcaire.
Caplan reminded jurors that two establishment figures and Sara Payne, mother of the murdered school girl Sarah, had come to testify for Kuttner.Caplan reminded jurors that two establishment figures and Sara Payne, mother of the murdered school girl Sarah, had come to testify for Kuttner.
"If there was a firm called rent-a-witness, you would want this trio as your witnesses – archbishop, a peer of the realm who had been on the Press Complaints Commission and Sara Payne – a woman who had gone through the most appalling circumstances, and no doubt tremendous press intrusion, still came and spoke up for Mr Kuttner," he said."If there was a firm called rent-a-witness, you would want this trio as your witnesses – archbishop, a peer of the realm who had been on the Press Complaints Commission and Sara Payne – a woman who had gone through the most appalling circumstances, and no doubt tremendous press intrusion, still came and spoke up for Mr Kuttner," he said.
Turning to Kuttner's police interview in 2011, Caplan said the prosecution claimed that Kuttner began to "prevaricate and bluster" when confronted with an email he had written to a Surrey police press officer regarding Dowler.Turning to Kuttner's police interview in 2011, Caplan said the prosecution claimed that Kuttner began to "prevaricate and bluster" when confronted with an email he had written to a Surrey police press officer regarding Dowler.
This, he said, was "imprecise and unfair" as it was reasonable that Mr Kuttner did not have a recollection about an email sent nine years earlier. Caplan said the police were "not keen" that Kuttner consult with anyone, even though he had retired two years before his detention, and was without any records of his years at News International.This, he said, was "imprecise and unfair" as it was reasonable that Mr Kuttner did not have a recollection about an email sent nine years earlier. Caplan said the police were "not keen" that Kuttner consult with anyone, even though he had retired two years before his detention, and was without any records of his years at News International.
Caplan also said it was wrong of the prosecution to suggest there was any significance in the removal of a reference to Dowler's voicemail in a story on 14 April 2014 between the first and third editions.Caplan also said it was wrong of the prosecution to suggest there was any significance in the removal of a reference to Dowler's voicemail in a story on 14 April 2014 between the first and third editions.
He said "the cat was already out of the bag"; Kuttner had already told the police about the voicemail, so why would the paper want to conceal its possession of the message?He said "the cat was already out of the bag"; Kuttner had already told the police about the voicemail, so why would the paper want to conceal its possession of the message?
The "real" reason why the reference was removed was because the police had told the paper that the message could have been left by a professional hoaxer. The story was "legalled and they would not have wanted to have inaccurate material and we say it was nothing more than that," said Caplan.The "real" reason why the reference was removed was because the police had told the paper that the message could have been left by a professional hoaxer. The story was "legalled and they would not have wanted to have inaccurate material and we say it was nothing more than that," said Caplan.
Caplan said the prosecution was also accusing his client of participating in a cover-up but that it was another situation in which the crown had "zero" evidence. The fact is "10 or even 20 times zero still equals zero".
All seven defendants deny all charges against them.All seven defendants deny all charges against them.
Kuttner is facing a single charge that he conspired with others to intercept voicemails.Kuttner is facing a single charge that he conspired with others to intercept voicemails.
The trial continues.The trial continues.