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Plebgate police questioned over use of Ripa laws to seize Sun phone records Plebgate police questioned over use of Ripa laws to seize Sun phone records
(about 1 hour later)
The Metropolitan police force has come under further scrutiny over its covert grab of Sun journalists’ phone records relating to the Plebgate incident, on day two of a landmark hearing.The Metropolitan police force has come under further scrutiny over its covert grab of Sun journalists’ phone records relating to the Plebgate incident, on day two of a landmark hearing.
The force has been taken to court by News Group Newspapers (NGN) and three of its journalists. The complainants say that the Met’s use of powers normally reserved for criminals and counter-terrorism operations – and which avoid judicial scrutiny – to obtain communications data was unnecessary and disproportionate.The force has been taken to court by News Group Newspapers (NGN) and three of its journalists. The complainants say that the Met’s use of powers normally reserved for criminals and counter-terrorism operations – and which avoid judicial scrutiny – to obtain communications data was unnecessary and disproportionate.
The then chief whip, Andrew Mitchell, resigned as a result of stories alleging that he called officers “plebs” as he left Downing Street on 19 September 2012.The then chief whip, Andrew Mitchell, resigned as a result of stories alleging that he called officers “plebs” as he left Downing Street on 19 September 2012.
On Tuesday, the investigatory powers tribunal heard that the Met application to obtain the data – which officers hoped would reveal the source, believed to be a fellow police officer, behind NGN’s Plebgate stories – was granted on the basis of “corrupt conduct between MPS (Metropolitan police service) and the press”. On Tuesday, the investigatory powers tribunal heard that the Met’s application to obtain the data – which officers hoped would reveal the source, believed to be a fellow police officer, behind NGN’s Plebgate stories – was granted on the basis of “corrupt conduct between MPS (Metropolitan police service) and the press”.
The Met’s counsel, Jeremy Johnson QC, was questioned by the panel of five senior legal figures hearing the case about why it was phrased in that way, given that the force’s stated reason to the tribunal for use of the powers was that it was investigating a suspected conspiracy of police officers to bring down a cabinet minister.The Met’s counsel, Jeremy Johnson QC, was questioned by the panel of five senior legal figures hearing the case about why it was phrased in that way, given that the force’s stated reason to the tribunal for use of the powers was that it was investigating a suspected conspiracy of police officers to bring down a cabinet minister.
Mr Justice Michael Burton, the chair of the tribunal, suggested that corruption usually referred to money changing hands.Mr Justice Michael Burton, the chair of the tribunal, suggested that corruption usually referred to money changing hands.
Johnson said that better words could have been used but that the corruption referred to was the alleged plot, later found to be without foundation, to bring down Mitchell.Johnson said that better words could have been used but that the corruption referred to was the alleged plot, later found to be without foundation, to bring down Mitchell.
“It’s pretty well established that the aim was to investigate whether there really had been a conspiracy to falsely undermine Mr Mitchell,” he said. “This was a very difficult investigation, a very unusual investigation.”“It’s pretty well established that the aim was to investigate whether there really had been a conspiracy to falsely undermine Mr Mitchell,” he said. “This was a very difficult investigation, a very unusual investigation.”
Johnson said officers were affected by the media reporting of Plebgate and public reaction to the story but that they acted as they did because they believed a “very serious crime” had been committed.Johnson said officers were affected by the media reporting of Plebgate and public reaction to the story but that they acted as they did because they believed a “very serious crime” had been committed.
NGN, and Sun journalists Anthony France, Craig Woodhouse and Tom Newton Dunn, the paper’s political editor, launched their claim on the basis of article 10 of the European convention on human rights, which protects journalistic sources.NGN, and Sun journalists Anthony France, Craig Woodhouse and Tom Newton Dunn, the paper’s political editor, launched their claim on the basis of article 10 of the European convention on human rights, which protects journalistic sources.
They argue that the Met should have gone to a judge to request the records or approached the paper directly to seek more information. Using the Regulation and Investigatory Powers Act (Ripa), enabled the force to get the go ahead from a senior officer and obtain the data through mobile phone companies without the complainants knowing. On Monday, the officer who approved the Ripa application admitted he did not know that reporters had a right to protect their sources. They argue that the Met should have gone to a judge to request the records or approached the paper directly to seek more information. Using the Regulation and Investigatory Powers Act (Ripa) enabled the force to get approval from a senior officer and obtain the data through mobile phone companies without the complainants knowing. On Monday, the officer who approved the Ripa application admitted he did not know that reporters had a right to protect their sources.
The force obtained a week’s worth of the reporters’ phone records, including GPRS location data, and details of 90 minutes of calls to and from two newsdesk landlines.The force obtained a week’s worth of the reporters’ phone records, including GPRS location data, and details of 90 minutes of calls to and from two newsdesk landlines.
Gavin Millar QC, for the complainants, described obtaining journalists’ phone data as “a pretty drastic step”. He suggested the investigating officers should have known there was no conspiracy and at any rate have taken more steps – including checking the communications data of officers suspected of being the mole – to establish whether it was the case before obtaining the reporters’ phone records. Gavin Millar QC, for the complainants, described obtaining journalists’ phone data as “a pretty drastic step”. He suggested the investigating officers should have known there was no conspiracy and have taken more steps – including checking the communications data of officers suspected of being the mole – to establish whether it was the case before obtaining the reporters’ phone records.
In his written submissions, Millar stated: “This is the first claim in this jurisdiction by journalists and their newspaper alleging that their convention rights were violated because the Metropolitan police used covert powers to identify a confidential journalistic source … The case therefore raises issues of great importance.”In his written submissions, Millar stated: “This is the first claim in this jurisdiction by journalists and their newspaper alleging that their convention rights were violated because the Metropolitan police used covert powers to identify a confidential journalistic source … The case therefore raises issues of great importance.”
The judges reserved judgment in the case until an unspecified date.The judges reserved judgment in the case until an unspecified date.