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Phone-hacking trial: jury told not to be 'dazzled' by defendants' lifestyle Phone-hacking trial: jury told not to be 'dazzled' by defendants' lifestyle
(about 2 hours later)
The jury in the phone-hacking trial has been told not to envy the lifestyle enjoyed the defendants and to remember that no one is so powerful that they can ignore the law.The jury in the phone-hacking trial has been told not to envy the lifestyle enjoyed the defendants and to remember that no one is so powerful that they can ignore the law.
In his summing-up of the case, which is now in its 126th day, Mr Justice Saunders told jurors that "everyone is entitled to their privacy" and not to have their phones hacked.In his summing-up of the case, which is now in its 126th day, Mr Justice Saunders told jurors that "everyone is entitled to their privacy" and not to have their phones hacked.
He said the jury should not to be "dazzled" by the fact that some of the defendants, which include former News of the World editors Rebekah Brooks and Andy Coulson, were friends of politicians and stars and were in positions of influence.He said the jury should not to be "dazzled" by the fact that some of the defendants, which include former News of the World editors Rebekah Brooks and Andy Coulson, were friends of politicians and stars and were in positions of influence.
The jury already knows that Brooks received advice from Tony Blair at the height of the phone-hacking scandal.The jury already knows that Brooks received advice from Tony Blair at the height of the phone-hacking scandal.
"Some of those on trial enjoyed a lifestyle you can only dream of, not just in financial terms but influence they brought to bear," Saunders said."Some of those on trial enjoyed a lifestyle you can only dream of, not just in financial terms but influence they brought to bear," Saunders said.
"They were friends of politicians, they are friends of the stars. Many people only get to see them in the cinema or the football pitch."They were friends of politicians, they are friends of the stars. Many people only get to see them in the cinema or the football pitch.
"You do not envy them their success or be dazzled by it."You do not envy them their success or be dazzled by it.
"Respect their success but everyone is subject to the law of the land – no one is so powerful they can ignore the law.""Respect their success but everyone is subject to the law of the land – no one is so powerful they can ignore the law."
Saunders gave detailed directions to the jurors on how they should consider each count against the seven defendants and addressed allegations by the prosecution that some defendants may have lied or withheld evidence during police interviews that they later relied on court.Saunders gave detailed directions to the jurors on how they should consider each count against the seven defendants and addressed allegations by the prosecution that some defendants may have lied or withheld evidence during police interviews that they later relied on court.
He told jurors that Brooks was being tried on a number of different bases, one of which was that at the very latest she must have known that Milly Dowler's phone was hacked was April 2002 when she returned from holiday.He told jurors that Brooks was being tried on a number of different bases, one of which was that at the very latest she must have known that Milly Dowler's phone was hacked was April 2002 when she returned from holiday.
She was editor of the News of the World at the time, but was away in Dubai the week it carried a story which contained references to the missing school girls voicemails.She was editor of the News of the World at the time, but was away in Dubai the week it carried a story which contained references to the missing school girls voicemails.
The paper was edited by her deputy, Coulson, who the judge reminded jurors had said he hadn't rated the Dowler story and had moved it back in the paper between editions.The paper was edited by her deputy, Coulson, who the judge reminded jurors had said he hadn't rated the Dowler story and had moved it back in the paper between editions.
Saunders said if the jury was "sure" that the prosecution's allegation that Brooks would have learned about the Dowler story, and therefore the hacking, on her return from Dubai, it was entitled to conclude "that Rebekah Brooks has lied in her evidence given on oath as she said she did not know phone hacking of Milly Dowler's voicemails until revealed by the Guardian on 4 July 2011".Saunders said if the jury was "sure" that the prosecution's allegation that Brooks would have learned about the Dowler story, and therefore the hacking, on her return from Dubai, it was entitled to conclude "that Rebekah Brooks has lied in her evidence given on oath as she said she did not know phone hacking of Milly Dowler's voicemails until revealed by the Guardian on 4 July 2011".
Saunders continued: "Mrs Brooks denied telling any lies about Milly Dowler in her evidence.Saunders continued: "Mrs Brooks denied telling any lies about Milly Dowler in her evidence.
"You will have to decide about whether she has lied to you about when she became aware of the hacking of Milly Dowler."You will have to decide about whether she has lied to you about when she became aware of the hacking of Milly Dowler.
"If you are not sure then you do not need to consider this direction any further.""If you are not sure then you do not need to consider this direction any further."
Saunders told jurors it was "not sufficient" for the prosecution "to prove that Rebakah Brooks knew about phone hacking". He told them "the charge is conspiracy, the prosecution have to prove not only knowledge but that she agreed to continue after she knew about it".Saunders told jurors it was "not sufficient" for the prosecution "to prove that Rebakah Brooks knew about phone hacking". He told them "the charge is conspiracy, the prosecution have to prove not only knowledge but that she agreed to continue after she knew about it".
The judge also addressed the prosecution's assertion that Brooks's former PA Cheryl Carter had lied in a police interview, telling them that her boss was not in the office on 8 July 2011, the day she ordered seven boxes of notebooks to be removed from the News International offices.The judge also addressed the prosecution's assertion that Brooks's former PA Cheryl Carter had lied in a police interview, telling them that her boss was not in the office on 8 July 2011, the day she ordered seven boxes of notebooks to be removed from the News International offices.
"There is no doubt that she was wrong when she said that but there is an issue whether she was lying or made a mistake when she said that," Saunders said."There is no doubt that she was wrong when she said that but there is an issue whether she was lying or made a mistake when she said that," Saunders said.
He told jurors that "sometimes people tell lies out of panic, sometimes people lie because they think it's easier that telling the truth, some tell lies if they think it can help someone else".He told jurors that "sometimes people tell lies out of panic, sometimes people lie because they think it's easier that telling the truth, some tell lies if they think it can help someone else".
Saunders also said that all of the defendants bar the paper's former royal editor were considered of "good character" and had succeeded in life "no doubt through hard work and determination".Saunders also said that all of the defendants bar the paper's former royal editor were considered of "good character" and had succeeded in life "no doubt through hard work and determination".
The jury would have to consider if they would have thrown all of that away to commit a criminal offence, he added.The jury would have to consider if they would have thrown all of that away to commit a criminal offence, he added.
He said Clive Goodman, the former royal editor of the News of the World, who is facing two charges, was not considered of good character because he had pleaded guilty to phone hacking in 2006 and jailed in 2007 for that offence. "The mere fact of that conviction does not mean he is not telling the truth however," said Saunders.He said Clive Goodman, the former royal editor of the News of the World, who is facing two charges, was not considered of good character because he had pleaded guilty to phone hacking in 2006 and jailed in 2007 for that offence. "The mere fact of that conviction does not mean he is not telling the truth however," said Saunders.
Saunders said the jury has to ignore the atmosphere around the case highlighted by defence barrister Jonathan Caplan QC on Monday, as well as the "vitriol" that has been levelled against Brooks and Coulson in particular.
"Mr Caplan said it is not the most serious of cases, and that may be, but how serious a crime is is irrelevant to your consideration', said the judge of the barrister representing the News of the World's former managing editor Stuart Kuttner," said Saunders.
"He suggested the case was politically charged and you should ignore the political charge behind this case, and of course that is right.
"He was saying do not be influenced by the trappings around the case and the media interest and the fact the case is at the Old Bailey."
He told jurors that the trial was to have been at Southwark crown court but it could not accommodate the electronic equipment needed for the trial or the amount of paperwork the jury has to consider.
And the trial was being heard by a high court judge rather than a district judge, rightly or wrongly, because it was deemed a high profile trial.
Saunders pointed out details of the defendants' personal lives have been raised in evidence, but had not been brought up simply for sympathy.
"Take no account of the vitriol levelled at Rebekah Brooks and Andy Coulson on Twitter and in other places," he said.
"You all feel sympathy for Rebekah Brooks who had to suffer that abuse, but that can't affect any verdict."
He said Brooks's PA Cheryl Carter's dreams of emigrating to Australia had been shattered by the prosecution, Mark Hanna's life has been put on hold, and Stuart Kuttner has suffered ill-health throughout the trial.
"Mr Coulson has suffered a dramatic fall from a career progress as a high-flier, as he undoubtedly was", Saunders said.
But he told the jury: "None of this was attempting to court feelings of sympathy, that would be wrong.
"You have heard about it because it has some relevance to some aspect of the case."
Turning to police interviews in which defendants choice not to answer questions on legal advice, Saunders said: "You must decide, in deciding not to answer questions, was the defendant doing that because of a solicitor's advice or are they simply hiding behind that advice to justify the decision not to give an explanation at that time."
And he also said the evidence of Clive Goodman and Dan Evans against Andy Coulson needed to be treated with care. Goodman, the News of the World's former royal editor, pleaded guilty to hacking in 2006 and Evans has pleaded guilty to hack as part of the current trial.
"It is suggested Clive Goodman had a reason of his own to implicate Mr Coulson on count one, the conspiracy to hack phones charge.
"He may be bitter at the way he was treated by News International, and may be trying to present his involvement in phone hacking in the best possible light.
He told jurors: "Bear in mind the possible reasons Mr Goodman may have to give evidence contrary to the interests of Mr Coulson."
All seven defendants deny all charges against them.All seven defendants deny all charges against them.
The trial continues.The trial continues.