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The Sun challenges police over 'plebgate' phone records | The Sun challenges police over 'plebgate' phone records |
(35 minutes later) | |
The Sun and three of its reporters are to challenge Metropolitan Police in the courts for accessing phone records in relation to the "plebgate" affair. | The Sun and three of its reporters are to challenge Metropolitan Police in the courts for accessing phone records in relation to the "plebgate" affair. |
In the landmark case, the newspaper says reporters' human rights were breached in 2012. | In the landmark case, the newspaper says reporters' human rights were breached in 2012. |
Scotland Yard sought the records after the newspaper revealed the Downing Street row between police and then cabinet minister Andrew Mitchell. | Scotland Yard sought the records after the newspaper revealed the Downing Street row between police and then cabinet minister Andrew Mitchell. |
Police were hunting the source amid allegations of a potential conspiracy. | |
The unprecedented case against the Metropolitan Police will involve a rare public sitting at the High Court of the Investigatory Powers Tribunal, the body that hears claims of malpractice in relation to monitoring and surveillance. | The unprecedented case against the Metropolitan Police will involve a rare public sitting at the High Court of the Investigatory Powers Tribunal, the body that hears claims of malpractice in relation to monitoring and surveillance. |
In the claim, the Sun's parent News Group Newspapers, the paper's political editor Tom Newton Dunn and reporters Anthony France and Craig Woodhouse argue that Scotland Yard chiefs breached their freedom of speech under the European Convention of Human Rights. | In the claim, the Sun's parent News Group Newspapers, the paper's political editor Tom Newton Dunn and reporters Anthony France and Craig Woodhouse argue that Scotland Yard chiefs breached their freedom of speech under the European Convention of Human Rights. |
Officers were given permission to search records belonging to the three journalists, plus two landlines to the newsdesk. | Officers were given permission to search records belonging to the three journalists, plus two landlines to the newsdesk. |
Calls scrutinised | Calls scrutinised |
Police can ask superiors for permission to search phone records under a key 2000 law. The Regulation of Investigatory Powers Act was designed to oversee and control how crime and security agencies secretly access data in the pursuit of serious criminals or terrorists. Detectives also use it in the hunt for missing people and it can be deployed by other public bodies. | |
But in its legal challenge, the newspaper will argue that the force's actions amounted to "coercive legal powers by the state", because journalistic sources have special protection in a democratic society. | But in its legal challenge, the newspaper will argue that the force's actions amounted to "coercive legal powers by the state", because journalistic sources have special protection in a democratic society. |
In a preparatory hearing, the tribunal has already heard that police looked at a week's worth of phone records in an effort to uncover the officer who told the newspaper Mr Mitchell had called police "plebs". | In a preparatory hearing, the tribunal has already heard that police looked at a week's worth of phone records in an effort to uncover the officer who told the newspaper Mr Mitchell had called police "plebs". |
The dispute occurred when Mr Mitchell was stopped from cycling through Downing Street's gates. | The dispute occurred when Mr Mitchell was stopped from cycling through Downing Street's gates. |
The Tory MP, who was the government's chief whip at the time, admits swearing during the incident but denies it was directed at the officers or that he called them plebs - a claim he maintains to this day. | The Tory MP, who was the government's chief whip at the time, admits swearing during the incident but denies it was directed at the officers or that he called them plebs - a claim he maintains to this day. |
In November last year Mr Mitchell lost a High Court libel action against the Sun's publishers after a judge ruled he probably had called the officers "plebs". | In November last year Mr Mitchell lost a High Court libel action against the Sun's publishers after a judge ruled he probably had called the officers "plebs". |
The records obtained by the police included mobile phone data showing the whereabouts of the three reporters. | The records obtained by the police included mobile phone data showing the whereabouts of the three reporters. |
A panel of five, including two High Court judges, will hear the newspaper's claim over two days. | A panel of five, including two High Court judges, will hear the newspaper's claim over two days. |
Officers involved in the decision-making, including two detective superintendents, are expected to give evidence justifying the operation. | Officers involved in the decision-making, including two detective superintendents, are expected to give evidence justifying the operation. |