Tuesday, December 13, 2011 

The knave or fool conundrum continues.

Back when both Murdochs appeared before the media committee, one of the few telling interventions was when Adrian Sanders asked whether James had heard of the term "willful blindness". Having feigned indignant ignorance, Daddy stepped in and said he had and that they most certainly weren't guilty of any such thing.

Closely related to willful blindness is the concept of plausible deniability, something James Murdoch has very quickly become an expert in. Accused by both Tom Crone and Colin Myler of knowing full well that the "one rogue reporter" defense had been well and truly punctured as a result of the disclosure of the "for Neville" email, Murdoch has maintained he never came into contact with it. First he denied he had any knowledge of it all, then that he had only recently became aware of it. The latest explanation is that although he did indeed receive the email, he didn't read the vital part of it, replying within a couple of minutes only to the request for a meeting the following Tuesday. While the fact that he responded so swiftly gives credence to his claim that he didn't read the full email at the time, it seems bizarre that he wouldn't have then returned to it later, or indeed have been informed about it during the meeting if he wasn't already aware. Murdoch is still asking us to believe that he sanctioned the massive payout to Gordon Taylor without knowing exactly why it was so vital that the case be settled. He remains either a knave, or a fool with his father's money. The former is more likely.

P.S. It's good to see that for the most part the rest of the media has not made a huge song and dance over the slight unravelling of the Milly Dowler hacking story. As Nick Davies has been at pains to point out, the News of the World has never denied that they hacked her phone, nor did they object at the time to the deletion part of the story. Glenn Mulcaire even believed that he had, perhaps inadvertently, deleted the voicemails, only recently discovering that he had not. Much seems to have rested on the Dowler's understandable loss of the awareness of time after their daughter went missing, and that it was only three days after her disappearance that her voicemail box reopened.

Still unclear is whether or not the voicemails were automatically deleted, as the police seem to think is the likeliest explanation for now, or whether someone else at the News of the World was hacking her phone prior to Mulcaire being authorised to doing so. Also possible is that it could have been the police themselves, although if it was they have yet to own up. The "false hope" part of the story was important, but even without it the hacking of her phone by the Screws was a shocking intrusion into privacy and grief, and with all the other revelations that have followed, it's difficult to believe that any other conclusion than the one we've come to would have been reached.

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Thursday, November 10, 2011 

Deceitful and incompetent.

New router has arrived, but now it looks like something's gone wrong with the line as well as it's failing to sync up. Definitely not the router, as it connected straight away when I tried it here. This incredibly happy turn of events means you'll most likely miss my own analysis of James Murdoch's performance before the select committee, which I'm sure you were all desperately looking forward to. Here instead then is Roy Greenslade, summing it up rather well:

Let's imagine that James Murdoch spoke the truth, the whole truth and nothing but the truth to the Commons select committee. I know it's a stretch, but stay with me.

...

One day in 2008, 10 June to be exact, Myler and Crone arrived in Murdoch's office to obtain authorisation for a large payment - a very large, six figure payment - to settle the Taylor action.

Murdoch was not shown any documents. He was not told about the contents of a damning legal opinion by Silverleaf. He was not informed about Myler's and Crone's contacts with Pike.

Not only that. He didn't ask. It didn't occur to him question why the settlement was necessary, nor to ask why Taylor's phone had been hacked. It also never struck him to wonder why his senior executives were still maintaining the public stance that hacking had been confined to a "rogue reporter".

He was shown a heavily redacted email - the famous "For Neville" email - but nothing more.

The only discussion was about the level of damages and costs that the company should pay. The meeting then concluded after 15 minutes. Job done.

...

That was, of course, an illegal act (ie, a crime). That admission may well come back to haunt him.

Finally, though the headlines may well be devoted to Tom Watson's jibe about Murdoch acting like a Mafia boss (early examples here and here and here) it paled beside the Asda moment raised by Philip Davies.

After explaining that he used to work for the supermarket chain (owned by the giant US company, Walmart) Davies registered his incredulity that Murdoch could have authorised the payment of more than £500,000 (to Taylor) without inquiring deeply into the reasons.

"It all seems so cavalier to me," said Davies. "You agree to settle cases with no real cap but a ballpark figure. You agree that a company should have a legal opinion, but you don't even ask to see the opinion when it is written."

And there, in a couple of sentences, is surely the puncturing of the Murdoch defence. What kind of company boss is that fails to show any curiosity about a massive payment in controversial circumstances? A deceitful one or an incompetent one?


I see no reason why it can't be both.

Update: To tempt fate, it looks as though I'm back online (at gone midnight). To add one point, it seems churlish to begrudge Tom Watson making his mafia comparison. While it's never wise to believe everything the inestimable Louise Mensch says, if it is indeed true that every single member of the media select committee was at one point under surveillance authorised by News International, then that's exactly the sort of behaviour you would expect from an organisation which felt it was accountable to no one, let alone to a bunch of jumped up parliamentarians. Like many organised crime groups, it had also seemingly bought off the police, with certain individuals even going from one to the other. Being compared to an Asda manager might be more demeaning, but few Asda managers end up getting arrested over their business practices.

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Wednesday, November 02, 2011 

Anyone for The Murdochs?

If at times it's seemed as though the News of the World was going through the Kubler-Ross model of dealing with grief when responding to the allegations of phone-hacking, it's perhaps not surprising that we now learn the Murdoch clan last year discussed the "succession" at News Corporation with a family therapist. It's more than a little fitting that those whom pay the bills for the Simpsons (albeit grudgingly) are themselves such a dysfunctional family. There's Daddy himself, the crotchety patriarch with the trophy wife on his arm, the former heir apparent James, with the tattoos and inculcated swaggering arrogance, and Liz, furious at James for having "fucked" her father's company by not getting a grip on a little local difficulty. Should News Corp disintegrate into the dust once Keith does pop his clogs, they could do worse than invite the cameras in to film a reality TV show that would make the Osbournes seem like the Brady Bunch.

Unfortunately for junior it looks at though things are going to get worse. Next week he has to appear again before the parliamentary culture, media and sport committee, where he'll be asked to account for the discrepancy between the account he gave alongside his father and that of Colin Myler and Tom Crone, former editor and legal affairs manager on the Screws respectively. Murdoch maintains he hadn't seen the crucial "for Neville" email, the key piece of evidence which proved knowledge of phone hacking went beyond Clive Goodman and Glenn Mulcaire at the paper, while Myler and Crone both say that he did.

Their version of events seems to be backed up by the latest cache of documents released to the committee, this time from those fine people at Farrer & Co, the same band of lawyers who back in the ethers of time injuncted my good self for daring to republish some in the public domain photographs of Mazher Mahmood. Julian Pike at the firm was called in to advise on the unpleasant matter of the voicemail hacking of Gordon Taylor, head of the PFA. Taylor had through court order obtained the documentation seized by the police from Glenn Mulcaire, documentation that showed journalists other than Clive Goodman had been involved in his case. As Crone outlines in a memo to Myler, this evidence was fatal to any chance of fighting the claim for compensation from Taylor. It also would explode the lie that phone hacking was the work of one rogue reporter and his gopher. Crone was immediately offering, through Farrers, a £150,000 settlement to Taylor.

The documents then, as well as dealing simply with Taylor, also show how the cover up was put in place. The next email from Crone to Pike shows that contrary to the evidence subsequently given by Crone to the committee back in 2009, Neville Thurlbeck did remember seeing the transcripts written up for him by Ross Hindley (also known as Ross Hall), although he was only going "to do the showdown and write up". Next is an illegible page of notes by Pike, which thankfully someone managed to decipher, of his conversation with Myler about his meeting with Murdoch. He apparently recommended waiting for the QC's view before deciding on a settlement. It therefore seems extraordinary that Myler or someone else hadn't informed Murdoch of the "for Neville" email, seeing as it was the clichéd smoking gun than meant they were going to have to pay out at the very least £150,000 of Pa's money to some nobody.

Also wholly lacking is any back-up for Crone's other claim in 2009 that it was Taylor who first asked for a confidentiality clause. Indeed, it seems it was the NotW that originally brought one up, at the same time as offering £300,000 in damages. If Taylor signed up to an agreement, then some more could possibly be found. Mark Lewis, Taylor's solicitor, intimated that his client would definitely button it for a million, plus his own costs, at a cool £200,000. Taylor either wanted to "be vindicated or made rich".

As it's turned out, he's been both. Whoever Nick Davies' source for his 2009 report was, it started in motion the next series of investigations and follow-ups, along with News International's increasingly hysterical denials, followed eventually by acceptance. Michael Silverleaf, "the silk" asked for his advice on how to proceed summed up the position NI faced as only a brief can:

In the light of these facts there is a powerful case that there is (or was) a culture of illegal information access used at NGN in order to produce stories for publication. Not only does this mean that NGN is virtually certain to be held liable to Mr Taylor, to have this paraded at public trial would, I imagine, be extremely damaging to NGN's public reputation.

Not as damaging however as the cover up turned out to be.

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