Tag Archives: media

Piers Morgan’s illegal receipt of information from the police, his perjury and Operation Elveden part III

ELVEDENFriday, 22 March, 2013 10:51

From: “Paulette.Rooke@met.pnn.police.uk” <paulette.rooke@met.pnn.police.uk>Add sender to ContactsTo: anywhere156@yahoo.co.uk

Mr Henderson

I have been asked by my Inspector to ascertain if you have any new evidence with regard to your allegations against those mentioned in your correspondence.

Yours sincerely

Paulette Rooke

ADS PAULETTE ROOKE

JUBILEE HOUSE PUTNEY, 230-232 PUTNEY BRIDGE RD, London SW15 2PD

Internal  58526  External  020 8785 8526

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To

DC Paulette Rooke

Operation Eleveden

Metropolitan Police

New Scotland Yard

8/10 The Broadway

London  SW1H OBG

CC

John Whittingdale MP

George Eustice MP

John Whittingdale MP

George Eustice MP

Gerald Howarth MP

Keir Starmer (DPP)

mark.lewis@thlaw.co.uk

24 March  2013

Dear DC Rooke,

You ask in your email of 22 March whether I have any new information relating to the accusations I have made.  The short answer is no. However, having listened  again to the tape recording I made of my interview with Det Supt Jeff Curtis I shall be sending you a copy of that for the reasons given below in paragraph 4.

Happily  you do not need any further information to begin investigations into Piers  Morgan, Jeff Edwards and Det Supt Jeff Curtis. In fact, I think any disinterested third party would be rather surprised that the investigations  have not  already begun, bearing in mind that you have a letter sent to Morgan to the PCC in which he admitted that the Mirror had received information from a police officer in circumstances which can only have been illegal.

The reason the crimes  (apart from the accusations of perjury before Leveson) were not meaningfully investigated when I made my original complaints is beautifully  simple: corrupt practice by the police prompted either by the Blairs’ involvement in the story and/or a known or suspected corrupt relationship between Metropolitan Police officers and the Mirror (and other press and broadcasters).

The corrupt nature of the way my complaints were handled is exemplified  by Jeff Curtis’ failure to interview anyone at the Mirror even though he had the letter from Piers Morgan to the PCC.   Curtis told me this in a phone call and you can verify that this is the truth by looking at the original case notes. The tape recording of my meeting with Jeff Curtis is important because in it he says he will  be going to the Mirror, says the case revolves around Morgan’s admission and says it is a straightforward case.  The recording was made with Curtis’  knowledge and agreement.  The fact that he knew he was being recorded is significant because it removed the possibility from his mind of saying something to me thinking he could deny it later. Clearly something  irregular  happened between him leaving me and starting the investigation. It is reasonable to suspect he was leant on by someone even more senior not to investigate the Mirror.  That the police never interviewed anyone at the Mirror also means that the Mirror accounts and the journalistic records kept by Edwards  and Morgan (and perhaps others) were never scrutinised for evidence of payments to the police.  All in all, this is   a very obvious perversion of the course of justice.

The events to which the these crimes relate are 15 years old,   but that is irrelevant to whether they should be investigated now, both because of the serious nature  of the crimes and the fact that those I allege against Morgan and Edwards  were not investigated meaningfully when they were first reported. Nor is there any problem with a lack of compelling  evidence  because of the time which has elapsed. In the case of Morgan and Edwards you have  Morgan’s letter to the PCC and the Mirror story, while  Curtis’ perversion of the course of justice speaks for itself. Moreover, although it is 15 years since the events, the age of fully computerised accounts had arrived  before 1997 and   it is probable that a copy of the Mirror accounts  for the period is still held in digital form. The same could  apply to journalistic records held by Morgan and Edwards or other Mirror employees or freelances.  I know from my use of the  Data Protection Act soon after the Mirror published the story that the paper was holding information about me  which they refused to release under the journalistic purposes provision of the DPA. They may well be still holding it.

As for the perjury accusations against Morgan and Edwards, these are very recent complaints about crimes recently committed which have never been previously investigated.   You have the information you need to investigate the perjury because I have supplied you with the Morgan letter to the PCC, the Mirror story about me and the transcripts of the relevant passages in the evidence given by Morgan and Edwards before Leveson.

Apart from the killer fact of Curtis’ failure  to interview anyone at the Mirror and a consequent failure to investigate the Mirror’s records, the circumstances of that failed investigation and of other complaints I made at the same time provide very  strong circumstantial evidence that my original complaints against Morgan and Edwards were not  treated  normally.  For example, why was a Det Supt from Scotland Yard  investigating crimes  which would normally be investigated by a Det Sergeant or just possibly a Det Inspector?  To that you can add the array of senior police officers  (the details of which I  sent to you in my email of 29th January) who became involved in my various complaints at one time or another,  despite the crimes being of a nature which would normally have been investigated by  policemen of lesser rank.   The only reasonable explanation for their involvement is the political circumstances surrounding my complaints.

There are two scenarios which fit the receipt of information by the Mirror from the police.  The first is straightforward: a police officer, possibly of senior rank because of the Blairs’ involvement, has sold the information to the Mirror for mere personal gain.

The second scenario is more complex. It involves  a senior police officer engaging in a conspiracy with Tony and Cherry Blair  assisted by Alastair Campbell to feed misinformation to the Mirror.   This is more than a little plausible because the Mirror story was a farrago of grotesque  lies such as the claim that I had bombarded the Blairs with letters  or that the letters were “full of graphic racist filth”. There was also  a completely fabricated  quote “if he gets elected he’ll let in all the blacks and Asians”.  Ask yourself why the Mirror would have printed such things if they had read my letters after   they were given them by a police officer simply out to make money with no political axe to grind. It would not make sense. If, on the other hand, this was all part of a conspiracy between the Blairs, a senior police officer and Alastair Campbell  it would make perfect sense,  because then it transmutes from a political story  into an exercise in political propaganda to nullify me by smearing.  The story would then be whatever they wanted it to be with the content of the letters an irrelevance.

It is noteworthy that Morgan in his  letter to the PCC admits that the Mirror did not have copies of my letters and that he had not seen them.  That could mean one of four things: the Mirror did not have copies, the Mirror had copies but did not wish to admit it because they knew the letters would not substantiate their printed story about me, Edwards had seen the letters but  realised they were innocuous and not the basis for a smear story  or  no one at the Mirror had ever seen my  letters but had written their story simply from false information given to them by the police informant. The last possibility fits in most neatly with the conspiracy theory.

Why would the Blairs wish to engage in such a conspiracy?  The most plausible answer lies in the fact that they did not go to the police when I wrote to them, but only later after I had sent copies of my letters to the Blairs and the non-replies I was receiving from their offices to every mainstream media outlet at the beginning of the 1997 General Election campaign.  That can only mean the Blairs  wanted to  silence me during the election campaign.   Why? Only they can tell you that for sure. What is certain is that the Blairs  must have been very seriously worried about the media taking up the story told in my letters and their non-replies to get involved with a criminal investigation during the most important weeks of Blair’s life, namely, the General Election campaign.  Having miserably failed in the attempt to have me prosecuted it would have made perfect sense from their point of view to try to neutralise me by getting a friendly media outlet to print a false and hideously libellous story about me to dissuade anyone in the media from taking up the story told in my letters to the Blairs and their non-replies to me.

Here is something for you and your superiors to think upon. If the Met refuses to  properly  investigate my complaints (including questioning Morgan and Edwards) it will look  like yet another cover-up to go along with the persistent failure  by the Met to investigate phone-hacking until political pressure forced them  to  re-investigate cases which had previously been deemed to provide insufficient evidence for a prosecution or even a sustained investigation. The re-investigation of these supposedly hopeless cases has  resulted in dozens of arrests and quite a few charges, a fact which tells its own tale.

I repeat my previous requests for an interview with you and a senior officer within  Operation Elveden, preferably Steve Kavanagh . Apart from anything else you should be taking a formal statement from me based on the very strong evidence I have provided.

Yours sincerely,

Robert Henderson

See also

http://livinginamadhouse.wordpress.com/2013/01/24/piers-morgans-illegal-receipt-of-information-from-the-police-his-perjury-and-operation-elveden/

http://livinginamadhouse.wordpress.com/2013/01/29/piers-morgans-illegal-receipt-of-information-from-the-police-his-perjury-and-operation-elveden-part-ii/

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Tape recording of my interview with Jeff Curtis has been sent to you

Tuesday, 26 March, 2013 7:05
From:
“robert henderson” <anywhere156@yahoo.co.uk>

View contact details

To:
“Paulette Rooke” <Paulette.Rooke@met.pnn.police.uk>
                                      

To

DC Paulette Rooke

Operation Eleveden

Metropolitan Police

New Scotland Yard

8/10 The Broadway

London  SW1H OBG 

26 3 2013

 

Dear DC Rooke,

I have posted a copy of the tape recording of my interview on 8 April 1999 with Det Supt Jeff Curtis to you by recorded delivery. I have sent the tape to JUBILEE HOUSE PUTNEY, 230-232 PUTNEY BRIDGE RD, London SW15 2PD which is where you appear to be physically stationed.

Only one side of the tape has been used. You will need to listen to the entire tape, but Jeff Cutris’ comments about going to the Mirror, it being a straightforward case and so on are towards the end of the meeting with around 5/6ths of the tape played.

Yours sincerely,

Robert Henderson

The Financial Times goes after The Daily Mirror

Dear Robert

I hope you don’t mind me emailing you directly.
I am writing about phone hacking on behalf of the FT and investigating wider incidences of press abuse at other newspapers such as Trinity Mirror.
I would be keen to meet with you as I understand from one of my contacts that you may have evidence of wider press abuse.
Do let me know if you would be happy to meet. I am happy to discuss matters on background only.
All best
Rob

– Rob Budden Chief Media Correspondent Financial Times +44 (0) 207 775 6839 +44 (0) 7785 952 688 www.ft.com
Follow me on Twitter: @RobertoBud

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Rob Budden

Chief Media Correspondent

Financial Times 

1 Southwark Bridge,

 London SE1 9HL

Tel: 0207 775 6839

Email: rob.budden@ft.com

9 March 2013

Dear Rob,

As promised at our  meeting of 8th March, I send you additional information relating to Piers Morgan, the Blairs, the police, the Leveson Inquiry and myself. The details of the new material and the material I supplied to you when we met are listed below.

If you want to expose Trinity Mirror I have provided you with all the evidence you need to demonstrate their abuse of members of the public,  the committing of criminal acts through the receipt of information from the police illegally by the Mirror, probable perjury before Leveson by Morgan and Jeff Edwards and the wilful suppression of evidence by the police of police supplying information illegally to the Mirror. In addition, you have the wider story of the Blairs attempting to prosecute me for crimes they must have known were bogus and their subsequently use of the security services and Special Branch to harass me.

Please keep these facts firmly in front of you:

1. There was so little substance to the Blairs’ complaints against me that the police never contacted me about them, while the CPS rejected the complaint within hours of receiving it with a firm “No Crime”.

2. The Blairs did not go to the police when I sent them the letters, but only after I had circulated copies of my letters to them and the replies I received at the beginning of the 1997 General Election Campaign.

3. The Blairs failed to take any civil law action against me even though that has only the balance of probability evidential test.

4. At no time did I threaten directly or by implication either of the Blairs, nor did I ever attempt to physically approach them.

5. Despite being deemed innocent of any crime and despite never having threatened either of the Blairs, Special Branch and MI5 were set upon me.

6. I made various complaints to the police relating to the Mirror and the Blairs. None were meaningfully investigated.  The most blatant example was the failure of Det Supt Jeff Curtis of Scotland Yard to claim that he had investigated my complaint relating to the Piers Morgan admission of receiving information from the police without interviewing anyone at the Mirror or looking at their accounts for evidence of payments to the police.

7. The harassment I suffered after the Blairs failed to have me investigated in March 1997 lasted for the entire Blair premiership and ended once he was out of office.

If you want me to write an article for the FT on any aspect of the business I shall be happy to do so.

Yours sincerely,

Robert Henderson

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Schedule of documents supplied to Rob  Budden

At our meeting on 8th March I supplied you with the following in paper form:

1. A copy of Is it in the blood? as it was printed.

2. Copies of the Mirror and Daily Herald stories relating to the Blairs and me dated  25 3 1997.

3. A copy of Piers Morgan’s letter to the PCC dated 16 October 1997  in which he admits to receiving information from the police in circumstances which can only have been illegal.

4. Copies of the correspondence between the PCC and Mike Jempson of Presswise on my behalf relating to my complaints against the Mirror  and Daily Herald  following the stories of 25 3 1997.

5. A copy of Sir Richard Body’s EDM of  detailing the harassment I was subject to after the Blairs’ attempt to have me prosecuted during the 1997 General Election  campaign failed.

Copies of documents supplied 9 3 2013 via email in digital form (Wordfile)

1. The version of  the Wisden Cricket Monthly article  Is it in the blood? as I sent it to David Frith with supporting documents – see wordfile IsitinthebloodFT.docx

2. My initial submission to the Leveson Inquiry including original attachments (sent by separate email).

3. Details of Piers Morgan’s   perjury before Leveson  -  see wordfile  piersmorganperjury.docx

4.  Details of Jeff Edwards  perjury before Leveson  – see wordfile  jeffedwardsperjury.docx

5.  File relating to Robert Jay’s inept questioning  – see wordfile  LevesonRobertJay.docx

6.  My complaints  to Operation Elveden  regarding Morgan and Edwards’  receipt of information  about me illicitly supplied by the police to the Mirror and Morgan and Edwards – see wordfile  OperationElvedensubmissionFT.docx

The Letwin Plan – Freedom of the Press in a post-Leveson UK

The Letwin Plan – Freedom of the Press in a post-Leveson UK

Freedom Association meeting  25 February

Speakers

John Whittingdale MP (Chairman of the DCMS select committee).

George Eustice MP

Harry Cole Blogger

Depressingly John Whittingdale and George Eustice are both wholeheartedly in favour of the Letwin Plan which is the Government’s response to Leveson’s proposals.   I say depressingly because the Plan is dishonest in overt intent because it produces a system of regulation which pretends to be independent but is in reality authoritarian.

The proposed structure of the new system of regulation consists of a  Recognition Panel (RP) which licences a Regulator, the relationship between the two being broadly akin to that of  Ofcom licensing broadcasters, although here there will be three tiers of interested parties  -  the RP, the regulator and the press – rather than two.

The RP will carry out an assessment of the work of the Regulator  every three year. However, in exceptional circumstances an inspection can be made when deemed necessary.  The Regulator will have the power to levy substantial fines , viz:

15. 19. The Board should have the power to impose appropriate and proportionate sanctions(including but not limited to financial sanctions up to 1% of turnover of the publication concerned with a maximum of £1,000,000) on any subscriber found to be responsible for serious or systemic breaches of the standards code or governance requirements of the body.

The possible size of fines could have an excessive  intimidatory effect, especially on publications which have relatively small publications.

The regulatory structure is to derive its legitimacy from a Royal Charter rather than a statute  (The full draft Charter can be found at http://tinyurl.com/Draft-Royal-Charter-for-Press).  This supposedly gives it independence from politician. Apart from being the thin end of the wedge to more extreme regulation, the personnel of the RP  will be drawn from the usual cast list of the Great and the Good and,  in the cases of both the RP and the Regulator,  there will not be an outright  ban on people with a media background , merely restrictions on serving   mediafolk or their numbers.  The funding  of  the RP will come from the fees charged to those applying to be Regulators  with top ups from the taxpayer if required (the taxpayer will fund the first three years). The Regulator’s income  will come from subscriptions and fines levied from subscribers found to be misbehaving.

The dishonesty  continues with the claim that signing up to  the new regulator will be a voluntary choice for the press.  It will give a very strange meaning to the word voluntary,  because those who choose not to sign up will  leave themselves open to punitive damages in the courts whereas those who do sign up will be legally protected against such  damages.  This legal protection will require legislation.

During questions I pointed out the dishonesty and said that if the government was going to be authoritarian it was better if it was honest about what it was doing,  because this type of pretence was precisely what was disillusioning the general public when it came to politics.  Another questioner made the pertinent point that two classes of plaintiffs  would exist. There would be those suing subscribers to the Regulator (who would be protected against punitive damages)  and those  suing newspapers who had not signed up with the regulator who would be liable for punitive damages.  This could have the perverse consequence of allowing two plaintiffs with equal cases being awarded substantially different amounts in damages , or  even worse, a less serious instance of press misbehaviour resulting in higher damages than a more serious instance.   It could also  have a seriously  intimidatory effect on  the smaller publishers.

The  general problem with the Letwin Plan as outlined in the draft Royal Charter is the structural complexity of the system. The RP  will have an appointments committee which creates an executive  board  licenses the Regulator which also has an appointment panel to create an executive board for the regulator. The Regulator then has to set up a Code committee to develop the Code of Conduct.  This type of diffuse relationship is a recipe for buck passing.

Harry Cole was against the plan because the use of a Royal Charter brought with it difficulties of its own, most notably the fact that an amendment to a Charter required a two thirds majority of the Commons,  as opposed to a simple majority to repeal or amend a statute.  The draft Charter does indeed state this, viz:

9. CHARTER AMENDMENT

9.1. The Recognition Panel may add to, vary or omit (in whole or in part) any of the provisions of this Charter if, and only if:

a) a resolution has been passed unanimously by all of the Members of the Recognition Panel, who shall determine the matter at a meeting duly convened for that purpose;

and

b) the requirements of Article 9.2 are met.

 9.2. Before any proposal to add to, vary or omit (in whole or in part) a provision of this Charter (“proposed change”) can take effect:

a) the leaders of the three main political parties in the House of Commons (being the parties with the first, second and third greatest numbers of Members of Parliament at the relevant time) must each confirm in writing to the Chair of the Board that he agrees to the proposed change;

and

b) a draft of the proposed change must have been laid before Parliament, and approved by a resolution of each House. For this purpose “approved” means  that at least two-thirds of the members of the House in question who vote on the motion do so in support of it. (http://tinyurl.com/Draft-Royal-Charter-for-Press)

Similar qualifications apply to the dissolution of the Charter – see 10. DISSOLUTION10.1

These  Charter provisions would, if valid, make the alteration or the dissolution of the Charter very difficult – the procedures have to be initiated by a unanimous resolution of the Recognition Panel and before any change can be put to Parliament (both houses) the leaders of the three largest parties in the Commons have to each agree to either a Charter change or dissolution of the Charter.   However, there is a rather large question mark over whether they are valid.  Here are the general rules governing amendments to Royal Charters:

…once incorporated by Royal Charter a body surrenders significant aspects of the control of its internal affairs to the Privy Council. Amendments to Charters can be made only with the agreement of The Queen in Council, and amendments to the body’s by-laws require the approval of the Council (though not normally of Her Majesty). This effectively means a significant degree of Government regulation of the affairs of the body, and the Privy Council will therefore wish to be satisfied that such regulation accords with public policy. (http://privycouncil.independent.gov.uk/royal-charters/chartered-bodies/).

And

(d) incorporation by Charter is a form of Government regulation as future amendments to the Charter and by-laws of the body require Privy Council (ie Government) approval. There therefore needs to be a convincing case that it would be in the public interest to regulate the body in this way; (http://privycouncil.independent.gov.uk/royal-charters/applying-for-a-royal-charter/)

The Privy Council practices appear to come into direct opposition with the draft Royal Charter  where it touches on amendments  to or dissolution of the  Charter.  It is important to understand that  if granted the Royal Charter will not be an artefact of Parliament.  Technically it will be a Royal artefact, although in reality a government artefact.   It might be thought that Parliament being sovereign could override the Privy Council procedures, but it is not as simple as that. The Privy Council procedures are separate from Parliament.  If Parliament wanted them to be subordinate to Parliament that would mean a redrawing of the Constitution, something which has can have wide ramifications, as was show all to starkly by the last Labour government’s botched attempt at ending of the post of Lord Chancellor.

The problems do no end there. Reading through the  draft Royal Charter  there is a distinct whiff of the PCC about the set up. For example, take the parameters of the Code of Conduct:

15  7. The standards code must ultimately be adopted by the Board, and be written by a Code Committee which is comprised of both independent members and servingeditors.8. The code must take into account the importance of freedom of speech, the interests of the public (including but not limited to the public interest in detecting or exposing crime or serious impropriety, protecting public health and safety and preventing the public from being seriously misled), the need for journalists to protect confidential sources of information, and the rights of individuals. Specifically, it must cover standards of:

a) conduct, especially in relation to the treatment of other people in the process of obtaining material;

b) appropriate respect for privacy where there is no sufficient public interest justification for breach; and

c) accuracy, and the need to avoid misrepresentation.

The likely code of Conduct will be one close that of the PCC Code , which apart from being frequently not applied by the PCC also gave plenty of wriggle room, especially when the question of the public interest was raised.

None of the panellists suggested that rather than having this great regulatory edifice  a statutory right of reply (RoR) would do what was required without any chance of political interference. This is because it is a self-organising process which would involve only the newspaper and the complainant or, where an RoR was refused, the courts.   Consequently I did.  John Whittingdale tried to dismiss the idea by saying it would be unworkable because of the number of people asking to reply would be vast.  I pointed out that this would not be a problem if the RoR was restricted to a reasonable length.

I also suggested that claims for  financial redress by  those abused by the press should be dealt with through the Small Claims courts with no right of appeal from the Small Court’s verdict and no lawyers allowed, that is, just the lay plaintiff confronting the lay representative of the newspaper involved.  Again this met with a blank lack of interest by the two MPs.    The Small Claims court could also deal with refusals of a newspaper to publish an RoR.

Had I been given the time I would also have raised the problem of how the Regulator would possibly be able to handle the likely number of complainants. In this context the Information Commissioner’s office  (ICO) can give some idea of the difficulties which are likely to arise. A complaint under either the Freedom of Information or the Data Protection Acts to the ICO is likely to take a year or more to gain an adjudication despite the fact that the IFO employs several hundred people.   You can bet your life that the proposed Regulator will not employ hundreds of people because the funding of the Regulator will come from the subscribing newspapers .  The difficulty of the numbers  complaining vastly exceeding the resources available is exacerbated by the allowing of third party complaints:

15.11. The Board should have the power to hear and decide on complaints about breach of the standards code by those who subscribe. The Board should have the power (but not necessarily the duty) to hear complaints: a) from anyone personally and directly affected by the alleged breach of the standards code, or b) where an alleged breach of the code is significant and there is substantial public interest in the Board giving formal consideration to the complaint, from are presentative  group affected by the alleged breach, or c) from a third party seeking to ensure accuracy of published information.

Third party complaints also raise the problem of subjectivity by the Regulator, whose board members, being human, are likely to favour complaints which fit with their political sympathies whilst discriminating against those of which they disapprove.

In short, the proposed regulatory regime is, apart from being the thin end of the wedge for state control of the press, dishonest in intent, constitutionally unsound and administratively impractical .

During the course of the meeting I  raised  (1)  the failure of  Leveson to use the letter from Piers Morgan to the PCC in which he admitted receiving  information from the police in circumstances which  could only have been illegal  and (2) Morgan’s subsequent perjury  when giving evidence before Leveson under oath. I offered these as  examples  of the failure of Leveson to pursue cast iron evidence of serious media misbehaviour.    Harry Cole expressed an interest and asked for a copy of the letter which I subsequently supplied.

After the meeting I spoke with John Whittingdale  about Leveson  and he was very loth indeed to discuss the matter. I eventually persuaded him to  take a copy of the Morgan letter from me, although it was with the look of a man picking up a live grenade with the pin pulled out. When he had read the letter  he  said, believe or not, that he did not think it worth pursuing because it was 15 years old. I pointed out that crimes were frequently pursued after such a time, for example, the Savile investigations ,  while some of the phone hacking accusations were over ten years old.  I also pointed out that the only reason my complaints were not investigated at the time  was the police  failure  to meaningfully investigate.   Mr Whittingdale left taking a copy of the Morgan letter with him.

Robert Henderson 2 March 2013

Curing media abuse – A statutory right to reply is needed

Robert Henderson

A statutory right of reply (RoR) is the thing of media nightmares. That alone tells you it is the best remedy for the general public. But the media is looking a gift horse in the mouth because an RoR would provide the strongest bulwark against any government desire to regulate the media. If there is a truly effective means of rapid redress available to everyone, including incidentally politicians, the prime argument for outside regulation is removed.

An RoR is also the perfect practical solution to the problem of media abuse because it is a self-regulating mechanism, able to develop organically and requiring no great bureaucracy to administer it or vast amounts of money to fuel it.

The only expenditure would be that incurred where an individual challenged the denial of an RoR by a newspaper or broadcaster. That cost could be kept to a minimum in two ways. First, by making libel the only reason for refusing an RoR and then only for that part of a proposed reply which was libellous. Second, by empowering Small Claims Courts to decide whether a claimed libel exists and, if the court does not agree that it does, to order the newspaper or broadcaster to publish the disputed reply. To keep things simple, there should be no appeal against the Small Claims Court’s decision.

The other mechanism which would provide redress with little cost would be to extend the powers of the Small Claims Courts to hear complaints against the media for libel and slander and other torts such as trespass. These two measures would ensure that money did not prove a barrier or determinant of ultimate legal success.

How would it work?

I would restrict the right to individuals because corporate bodies should be able to look after themselves through normal legal action.

The qualification for a right to reply would be simple and objective: the media outlet has printed or broadcast material about an individual. Hence, no prior legal decision, other than on possible libel, would be needed before an RoR was enforced.

What should the RoR entail in terms of opportunity? In the case of newspapers I would give a respondent 300 words as an automatic right and another 500 words for every 1000 words published about him or her over 1500 words. The respondent’s reply should be printed on the same page as the story to which they are responding. If the newspaper responds to a reply then the person responded to would get another RoR.

Broadcasting is more problematical, but at the least a written reply by the person criticised could be read out on air. Where the person has the confidence to speak for themselves, they should be allowed to broadcast their reply.

Practical fears

The objections to an RoR are heavy in the imagination but in all probability slight in practice. It is a case for suck-it-and see.

The media will say that it is completely impractical, that their papers and broadcasts would be full of nothing but replies. In fact, we can say with a very high degree of probability that they would not be.

The general experience of the introduction of any new opportunities for the public at large to act upon is that there is an initial burst of activity which soon settles down to a hard core of those willing to make the effort. If by any chance the introduction of a right to reply proved the odd sociological man out and the media was overwhelmed, the system could be reviewed .

A narrow RoR would be worthless

The media will doubtless throw up their hands in horror at the idea of a RoR which is anything other than a narrow one based on correcting inaccuracy. There are two solid reasons why it should not be limited to inaccuracy. The first is that there is often no easy way of proving the truth or otherwise of ostensible “facts” nor any clear distinction between what constitutes accuracy and inaccuracy or a certain definition of what is an objective fact. For example, what is the objective truth of this statement: “Harold was killed by an arrow through his eye at the battle of Hastings” in 1066? We can be more or less certain that the battle took place in 1066, assuming that we do not have a general scepticism about that which we have not personally witnessed, but the nature of Harold’s death is much more uncertain and problematical. If the RoR were restricted to inaccuracy, the media would assuredly use the lack of objective truth and falsity to undermine the RoR by arguing interminably.

The second objection concerns opinion. This is often more damaging than inaccuracy and there is no clear distinction between fact and opinion. Suppose I write of an actress that “she is a whore”. That is a statement of fact which in principle could be tested objectively, that is, does she take money or other material rewards for providing sexual favours? But what if I write “she has the morals of a whore”? Is that fact or opinion? If it is to be treated as fact how could it be tested? Again, the opportunities for argument are limitless.

The effect on the media

The effect of an RoR and small claims court libel access would be profound. Faced with an immediate published response to any inaccuracy or abusive opinion and the possibility of having to submit themselves to public examination in a small claims court, journalists and broadcasters would cease to be cavalier in what they write. An analogy would be with the recording of conversations where everyone in the conversation knows they are being recorded. Where that occurs people generally cease to lie about what was said and are careful about what they say.

The present remedies

Compare an regime such as I have proposed with the present supposed remedies for those criticised or represented by the media. These are both cumbersome and the success of a complaint is dependent upon the judgement of others. In the case of the Press Complaints Commission (PCC), the judgement is made by people drawn from the media or from those associated in some way with the media, and the organisation is funded by the press. Unsurprisingly, a non-celebrity complainant to the PCC rarely succeeds – in its entire history the PCC has never found for a complainant where to do so would be to tacitly accept that a serious libel had been committed.

But to complain that the PCC is no remedy is to miss a larger point. No matter how formally honest the PCC or any other media regulating body was, it could no more serve the public generally than the legal profession can serve the general public in actions for libel where there is no legal aid. The question is one of practicality.

The numbers of complaints actually considered formally by the PCC and the Broadcasting authorities is minute, running into a few hundred a year – most complaints never get to a full hearing or investigation. If the public began to use these bodies enthusiastically they would be overwhelmed. Short of the Government devoting a large segment of the national budget to funding vast public bodies capable of dealing with tens of thousands of complaints a year, the redress for the public will remain notional and the existence of bodies such as the PCC worse than useless. I say worse than useless because their existence gives a spurious appearance of media misbehaviour being subject to sanctions.

All that adds up to a further powerful argument for an effective RoR. Those within the media who oppose such a thing should consider whether it a lesser evil (from their point of view) than the likely eventual alternative of state-control, either openly or through quasi-independent bodies.

I will leave you with this thought. At present the relationship between someone in the media and anyone they choose to criticise is analogous to someone who binds a man and then punches him. It is not a contest, but an act of cowardice. It is essentially what anyone in the media does when they attack someone outside the media in the certain knowledge that the person will be denied an uncensored opportunity to reply.

 

Piers Morgan’s illegal receipt of information from the police, his perjury and Operation Elveden part II

To

DC Paulette Rooke

Operation Eleveden

Metropolitan Police

New Scotland Yard

8/10 The Broadway

London  SW1H OBG

(Tel: 0208  )

29 January 2013

CC Gerald Howarth MP

Keir Starmer (DPP)

mark.lewis@thlaw.co.uk

Dear DC Rooke,

As we have not been able speak as yet I will try to expedite matters by ensuring that you have the basic details and by describing what I would like to happen.

The crimes committed

The evidence I have supplied leaves  Piers Morgan and Jeff Edwards  with no wriggle room. There is the letter from  Morgan to the PCC admitting that he received information from the police in circumstances which can only have been illegal;  Edwards as the writer of the Mirror article must have been the recipient of the information and both Morgan and Edwards objectively committed perjury by denying receiving information from the police illegally whilst under oath before the Leveson Inquiry. Det Supt Curtis is condemned by his wilful refusal to interview Morgan, Edwards or anyone else at the Mirror after my initial complaint.  (I have him on tape promising to interview Morgan et al during my initial meeting with him).

The political dimension

The complaints I have submitted to Elveden are part of a larger scandal which has deep political ramifications. The general scope of these can be seen from  the Early Day Motion put down on my behalf by Sir Richard Body on 10 November 1999:

CONDUCT OF THE RIGHT HONOURABLE MEMBER FOR SEDGEFIELD 10:11:99

Sir Richard Body

That this House regrets that the Right honourable Member for Sedgefield [Tony Blair] attempted to persuade the Metropolitan Police to bring criminal charges against Robert Henderson, concerning the Right honourable Member’s complaints to the police of an offence against the person, malicious letters and racial insult arising from letters Robert Henderson had written to the Right honourable Member complaining about various instances of publicly-reported racism involving the Labour Party; and that, after the Crown Prosecution Service rejected the complaints of the Right honourable Member and the Right honourable Member failed to take any civil action against Robert Henderson, Special Branch were employed to spy upon Robert Henderson, notwithstanding that Robert Henderson had been officially cleared of any illegal action.

This motion is now part of the official House of Commons record – see  http://edmi.parliament.uk/EDMi/EDMDetails.aspx?EDMID=16305&SESSION=702

I bring this to your attention because it was the political dimension which prevented me from  getting any redress for complaints I made to the police  following the publication of the Mirror story. My experience from 1997 to 2007 when Blair retired was of being in  a Kafkaesque world in which,  despite being subjected to harassment which ranged from death threats and an internet campaign which incited violence against me by posting my address on social media sites  to regular interference with my post, I was unable to get the police to investigate meaningfully any of the complaints which arose from the Mirror’s involvement and the  harassment which followed.  You have a classic example in the failure of Jeff Curtis to investigate the Mirror despite having Morgan’s letter admitting to receiving police information.

That my complaints caused  considerable concern to the police because of their political nature can be seen from the number of senior officers who got involved in complaints of crimes,  most of which  would normally be investigated by a Det Sergeant or a Detective Inspector at most.   At various times I dealt with the following:

Det Chief Supt Tony Dawson – The Met’s Internal Investigations Command

Dept Supt Jeff Curtis

Chief Supt John Yates

Chief Supt Eric Brown

Supt Cliff Hughes

Supt Alex Fish

Chief Inspector Julia Wortley

Chief Inspector Ian West

Det Chief Inspector Stephen Kershaw

Despite their involvement no one was ever  charged, unsurprising as no complaint was meaningfully investigated.  I also met with the same obstruction from the CPS.

Documents passed to Holborn police

The documents I  passed to PC G James 423EK and PC L Scully 471EK  from Holborn police station were:

1.Piers Morgan’s Letter to the PCC date 16 October 1997  in which he admits receiving information from the police in circumstances which can only have been illegal.

2. A copy of the Daily Mirror  story about me dated 25 March 1997 which produced the complaint to the PCC  which caused  Morgan to write the letter in which he admitted receiving information from the police in circumstances which can only have been illegal.

3. Copies of the then director of Presswise Mike Jempson’s correspondence on my behalf with the PCC relating to the Mirror story dated 23 December 1997, 9 January 1998, 20 January 1998, 18 February 1998, 2 March 1998.

4. My evidence to the Leveson Inquiry of  Morgan ’s perjury dated 23 December 2011

5. My evidence to  the Leveson Inquiry of Edwards’ perjury dated 25 March 2012

6. My original submission to the Leveson Inquiry dated 25 November  2011

7. Sir Richard Body’s Early Day Motion 10th November 1999 which dealt with the general context of the events surrounding the Mirror story  with the role of the Blairs at its heart.

8. A copy of my Wisden Cricket Article Is it in the Blood? (from the July 1995 edition). It was my gross mistreatment by the mainstream British media after the publication of the article that led me ultimately to write to the Blairs asking for their assistance after all other available avenues of redress had failed me .

9. A copy of my final letter to  Det Supt Curtis dated 2 December 1999, Det Supt A Bamber’s reply to that letter 13 December 1999 and the PCA’s letter dated November 1999  refusing  to investigate further

10. A letter addressed to the new head of Operation Elveden Deputy Assistant Commissioner  Steve Kavanagh dated 21 January 2013.  A copy of this is below.

I attach copies of 1,4,5,6 and my final letter to Jeff Curtis (see 9)  in digital form.

What I would like to happen

The first step would be for the two of us to have a long talk about this. Because of the political ramifications I would also  like to meet DAC Steve Kavanagh .

Yours sincerely,

Robert Henderson

———————————————————————————————————

Flag this messageOPERATION ELVEDENMonday, 25 February, 2013 11:10

From: “Paulette.Rooke@met.police.uk” <paulette.rooke@met.police.uk>View contact detailsTo: anywhere156@yahoo.co.uk

Mr Henderson

I write out of courtesy just to let you know that I am still looking into your recent correspondence with this office.

I hope that you will receive a reply in the next couple of weeks.

Yours sincerely

Paulette Rooke

DC PAULETTE ROOKE

JUBILEE HOUSE PUTNEY, 230-232 PUTNEY BRIDGE RD, London SW15 2PD

Internal  58526  External  020 8785 8526

Mobile 07771 553043 (office hours)

————————————————————————————————————————————–

To

DC Paulette Rooke

Operation Eleveden

Metropolitan Police

New Scotland Yard

8/10 The Broadway

London  SW1H OBG

CC

John Whittingdale MP

George Eustice MP

Gerald Howarth MP

Keir Starmer (DPP)

mark.lewis@thlaw.co.uk

26 February 2013

Dear DC Rooke,

Thank you for your email of 25 February. It is now a month since I passed  my complaints  to Operation Eleveden.  I really do think an early meeting between you,  me and a senior officer from Operation Elveden (preferably Deputy Assistant Commissioner  Steve Kavanagh)  would be fruitful.

I have provided Operation Eleveden with conclusive evidence of  Piers Morgan and  Jeff Edwards’  receipt of information illegally from the police and of their perjury before Leveson.     Consequently, most of the investigatory work needed to bring charges has been completed.  Apart from the admin involved in  getting the cases to court, all that remains to be done is to interview Morgan and Edwards and to inspect the Mirror’s  records and  Morgan and Edwards’ private papers to see if information relating to payments for the information exist.  I really cannot see what obstacle there is to proceeding with an investigation.

Morgan will not be able to deny the offence because to do so would put him in the absurd position of saying he had not written the letter, that he had no knowledge of it being sent and that the whole thing was done by someone else.  That would be ridiculous if it was just a letter sent without any outside stimulation, but this letter is sent in response to a letter from the PCC.  Morgan would have to argue that a correspondence initiated by  the PCC had proceeded without his knowledge even though the Mirror side was made in his name.

Even without the letter it would be clear that the police had illegally  passed information to the Mirror.  Information in the story could only have come from the police. In addition  Jeff Edwards’ story contains this:   ‘A Scotland Yard  source  said: “By sending letters in a very unpleasant tone the writer has committed an assault. ’ Special Branch, who organise protection for MPs have been informed of the situation”.   Just for the record my letters were deemed entirely legal by the CPS within hours of their receipt.  It was a try-on by the Blairs.

I have spoken to Edwards once. That  was on the morning of the publication of the Mirror story. When he discovered who he was speaking to he panicked immediately.  I think there is a good chance that when confronted with the evidence of Morgan’s letter  he will simply come clean.  I have never spoken to Morgan,  but I would draw your attention to the fact that he has behaved recklessly and dishonestly in the past, most notably in his fabrication of a photos of soldiers  when Mirror editor , something which caused his sacking. (http://www.guardian.co.uk/media/2004/may/14/pressandpublishing.iraqandthemedia). Reckless people tend to be careless and impulsive. Always a plus when an investigation is under way.

My complaint against Det Supt Jeff Curtis is also straightforward. The fact that he did  not interview anyone at the Mirror despite having Morgan’s letter to the PCC can be verified by checking the Met’s case notes.

If the Mirror received  information from the police illegally in my case, it is not unreasonable to suspect that this was a widespread  practice within the Mirror group. Investigate my complaints and you will almost certainly find evidence of other instances.  There is also the advantage for the Met in investigating the Mirror because it shows they are not merely concentrating on the Murdoch papers.

I would greatly welcome a meeting in the near future.

Yours sincerely,

Robert Henderson

Leveson Inquiry – Leveson makes me (and possibly others) a non-person

Robert Henderson

The Leveson Inquiry report was published on 29th November. The  executive summary   is at  http://www.official-documents.gov.uk/document/hc1213/hc07/0779/0779.asp

The full Report is at http://www.official-documents.gov.uk/document/hc1213/hc07/0780/0780.asp

I have only been able to have a quick glance at the 2000 odd page document but I have found something very strange. I have become a non-person in Leveson World. There is a long list of those making submissions to the Inquiry . I made very substantial submissions to Leveson – my initial submission can be found at http://livinginamadhouse.wordpress.com/2011/11/25/the-leveson-inquiry-the-blairs-the-mirror-the-police-and-me/ .

Leveson’s report contains a long list of the names of those who made submissions – see – http://www.official-documents.gov.uk/document/hc1213/hc07/0780/0780_iv.pdf  page 1839 volume IV.    My name is not in the list.

Not content with refusing to allow me to appear as a core participant or an ordinary witness,  Leveson has deliberately excluded any evidence  that I made  submissions.  It would be interesting to know if any other people who made submissions  have had their names omitted.

Such an omission  is most irregular. Where submissions are solicited by an official inquiry,  the submissions,  or at least a note of who has made submissions,  are routinely included in an appendix to the report.

Why is Leveson so determined not to have my submission to his Inquiry suppressed? Amongst other things   I provided him with

1. A  letter from Piers Morgan to the PCC when he was Daily Mirror editor admitting that he had received in formation from the police in circumstances which can only have been have been illegal.

2. Evidence that Morgan and his one-time Mirror chief crime reporter Jeff Edwards had committed perjury under oath before the Inquiry .

3. Evidence that the police conducted an “ investigation” in the Morgan letter   to the PCC without questioning Morgan or anyone else at the Mirror.

4. The abject failure of the PCC to address  my complaints of the most serious libels against me.

5. Huge evidence of press abuse of me.

Details of these issues and my  extended correspondence with the Inquiry can be found at:

The Leveson Inquiry report was published on 29th November. The  executive summary   is at  http://www.official-documents.gov.uk/document/hc1213/hc07/0779/0779.asp

The full Report is at http://www.official-documents.gov.uk/document/hc1213/hc07/0780/0780.asp

I have only been able to have a quick glance at the 2000 odd page document but I have found something very strange. I have become a non-person in Leveson World. There is a long list of those making submissions to the Inquiry . I made very substantial submissions to Leveson – my initial submission can be found at http://livinginamadhouse.wordpress.com/2011/11/25/the-leveson-inquiry-the-blairs-the-mirror-the-police-and-me/ .

Leveson’s report contains a long list of the names of those who made submissions – see – http://www.official-documents.gov.uk/document/hc1213/hc07/0780/0780_iv.pdf  page 1839 volume IV.    My name is not in the list.

Not content with refusing to allow me to appear as a core participant or an ordinary witness,  Leveson has deliberately excluded any evidence  that I made  submissions.  It would be interesting to know if any other people who made submissions  have had their names omitted.

Such an omissions  is most irregular. Where submissions are solicited by an official inquiry,  the submissions,  or at least a note of who has made submissions,  are routinely included in an appendix to the report.

Why is Leveson so determined not to have my submission to his Inquiry suppressed? Amongst other things   I provided him with

1. A  letter from Piers Morgan to the PCC when he was Daily Mirror editor admitting that he had received in formation from the police in circumstances which can only have been have been illegal.

2. Evidence that Morgan and his one-time Mirror chief crime reporter Jeff Edwards had committed perjury under oath before the Inquiry .

3. Evidence that the police conducted an “ investigation” in the Morgan letter   to the PCC without questioning Morgan or anyone else at the Mirror.

4. The abject failure of the PCC to address  my complaints of the most serious libels against me.

5. Huge evidence of press abuse of me.

Details of these issues and my  extended correspondence with the Inquiry can be found at:

Tag Archives: Leveson Inquiry

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The BBC, Newsnight and Lord McAlpine: where were the libel lawyers?

Robert Henderson

The greatest ostensible oddity about the Newsnight programme involving ( at that stage  an  unnamed)  Lord  McAlpine  is the position of  the  BBC’s in-house libel lawyers.  The Corporation  has been remarkably coy about what legal advice they were given about the programme before it was broadcast. These questions urgently need to be answered by the BBC:

1. If the libel lawyers were not shown the programme in whole or part, who made the decision to withhold  the programme any part of the programme from them?

2. If the libel lawyers said  no to the broadcast as it was shown, who overrode their advice?

3. If the lawyers  did not say no, how did they  come to such a judgement?

To the best of my knowledge, not one BBC programme has asked or simply siad what the BBC libel lawyer (s) advised. That in itself looks suspicious.  For its own protection, the BBC needs to start publicly asking  and answering these questions.

Any libel lawyer will know that not naming someone cuts no ice where a broadcast or written communication provides  a reasonable chance of an individual  being identified from the details given in the broadcast or written communication.  Worse,  even identifying a small group to whom libellous  details might apply could provide solid grounds for a libel action. For example, suppose a  broadcaster or newspaper published a story alleging that two players in a football side had been bribed to throw a game without naming the two players.  Whether the story was true or not, the players who were not guilty of such behaviour could reasonably claim they had been defamed because the public might suspect any player in the side.

Had the programme simply said that a high-profile political figure was allegedly guilty they would probably  have been safe. By saying it was both a Tory politician and one prominent in the “Thatcher era” they made the identification much too easy.  (Whether that was a politically motivated decision is debatable, but it is difficult to imagine the BBC running a story which contained an equivalent accusation of, say, a high-profile Labour politician of the Blair era.” )

There is also a problem with the  idea that the furore  could have been avoided if  John Messham,   (the person,  who spoke on Newsnight of  being sexually assaulted by a high profile Tory politician),  had been shown a photo of McAlpine  by the Newsnight people before the programme was put together.  Mr  Messham has said since the programme was broadcast that,  having seen a photograph of McAlpine,  he was sure this was not the man who had assaulted him. (http://www.mirror.co.uk/news/uk-news/lord-mcalpine-did-not-abuse-me-1427866). There is no reason to disbelieve this retraction because Lord McAlpine has mounted a most vigorous and convincing defence  against the accusations. Nonetheless  there are difficulties with the idea that such a positive identification could be made from a photograph.

The alleged assaults took place in the mid 1970s. I would defy anyone to be able to swear one way or another to the identity of a man from a photo 35-40 years on.  Moreover,  exactly what photo could Newsnight have shown him? A recent photo of McAlpine?  One taken from the 1970s? if the former,  identification could surely not be certain: if the latter, would 1970s photos of McAlpine be readily available,   and even if they were,  would they be good likenesses of the man?

This can of worms is far from being  fully opened.

Courage is the best defence against charges of racism

Robert Henderson

The trial of Emma West on two racially aggravated public order charges which was scheduled for 11 June has been postponed until 16 July to enable further psychiatric reports to be prepared. (http://www.thisiscroydontoday.co.uk/Emma-West-race-rant-trial-moved-July/story-16346869-detail/story.html).

As Miss West was charged over six months ago and has been  brought before courts several times,  it does seem rather strange that psychiatric reports need to be prepared now, especially as it was made clear months ago that she was being treated for depression when the events took place and had taken a double dose of her normal medication on the day of the alleged offences, both of which were of obvious utility as defences or mitigation. If they were going to be used by the defence surely psychiatric reports would have been made long ago. Had Miss West suddenly decided to plead guilty that could explain it, but there is no evidence that she has changed her plea. Perhaps the answer lies in the fact that she  has stood firm on her intention to plead not guilty That would make her a decidedly rare bird amongst those who have found themselves arraigned in Britain on criminal charges merely for expressing non-pc views about mass immigration and its effects in general or for challenging the politically correct elite ideology in a particular instance where they have become embroiled in a dispute with someone who is black, Asian or a white person who claims ethnic minority status. Such a plea would also be a most unwelcome development for those who have brought her to trial.

The British liberal elite relies on fear to drive the enforcement of their totalitarian doctrine of political correctness, of which multiculturalism and “anti-racism” form the central part. The political elite – backed and aided by their auxiliaries in the mainstream media, public service, academia and the ethnic minorities themselves,  with big business tagging along provided the globalist and laissez faire tune is played by the politicians  – create and feed on that fear in various ways. They pass laws which make employers vulnerable to claims of racial and sexual discrimination; make the loss of a job, especially in publicly funded jobs, commonplace for those judged to have committed a politically incorrect “crime!” and criminalise dissent from those in the native British population who repudiate the idea of mass immigration as a good and lament the willful tainting of what was until the 1950s a remarkably homogenous population.

The political elite and their auxiliaries have been very successful to date in controlling dissent both through the creation of fear and the willing collusion of the mainstream media who happily accept the restrictions of Acts such as the Race Relations Act (9176), the 1986 Public Order Act and the Race Relations Amendment Act (2000) whilst proclaiming their belief in free expression. But the trick, like all acts of censorship and propaganda, only works while alternative views are excluded from the public fold.

What every liberal knows in his or her heart of hearts is that the creed they supposedly live by is no more than an aspiration and the reality of the time they live in is that human beings generally do not wish to live according to the dictates of political correctness and, most particularly, are naturally antagonistic to the idea that homo sapiens is just one big happy species without any meaningful innate or ineradicable cultural differentiation.  This means that any breach in the public censorship of politically incorrect ideas represents a potent danger for the British elite. They realize that if the truth is told about both the consequences of  mass immigration and the feelings of the native British towards it, the pack of ideological cards will tumble down, just as it did in the Soviet Union where the discontinuity between the political rhetoric of a communist paradise with equality, bumper harvests and every increasing industrial production contrasted fantastically with the miserable material lives of the Soviet masses and the brutal repression and ever more absurd Marxist-Leninist dogma.  In the case of the liberal regime in Britain, the equivalent absurdities are the liberal’s insistence that mass immigration had been a most wondrous boon bringing huge economic benefits and marvelous cultural enrichment while the large majority of the native population saw, often at first hand, the reality of the “cultural enrichment” as areas were effectively colonized, crime, especially violent crime, committed on an industrial scale by immigrants and their descendants, traditional British freedoms rapidly eroded in the name of multiculturalism and protest against the effects of immigration criminalized.

The elite fear of the public contradiction of the politically correct narrative on race and immigration  may have caused the postponement of Emma West’s trial to either prepare the ground to get her to change her plea to guilty or have her declared unfit to plead, the latter being the ideal result for the authorities because it would allow her to be represented as mad. This would fit beautifully with the liberal idea that only the mentally ill can hold non-pc views.

Until the last few years there have not been many prosecutions for inciting racial hatred or allied crimes. Instead, the British elite have relied on visits by the police to people who have had the temerity to put golliwogs on sale in their shop or make some mildly non-pc comment which has got into the media. It is very rare that charges have been brought, not least because the “crimes” they are supposedly investigating are often difficult to identify under existing laws. But an eagerly complicit British media has made sure that such action by the police is given great publicity.  This has laid the foundation for the general fear now present amongst the native British of voicing or even being associated with someone who voices a politically incorrect opinion, a fear symbolized by the almost inevitable “I’m not a racist” disclaimer when someone ventures to express mild concern about immigration or the behavior of a particular ethnic minority or even, because the “anti-racism” disease has become hideously virulent, a criticism of any person drawn from a pc protected group.

In the past few years more and more cases have ended up in court, two of the most recent being the jailing for 21 weeks of Jacqueline Woodhouse for behavior similar to that of Miss West and the Swansea U student Liam Stacey, who was jailed for 56 days after making comments deemed to be racist on Twitter (http://englandcalling.wordpress.com/2012/05/31/prison-for-merely-speakingnon-custodial-sentences-for-sustained-physical-attacks/). Both played the liberal game of Maoist-style confession which did them no good at all.

Sadly, very few native Britons in the past forty years have pleaded not guilty when charged with racially based offences. They have allowed themselves to be either intimidated into pleading guilty or on the rare occasions when a not guilty plea has been entered, gone along at their lawyers’ insistence with either a technical defence, for example, claims that they were wrongly charged or the evidence used was inadmissible , or a defence which does not say they had the democratic right to say or write whatever it was they said or wrote, but only challenges the charges on the grounds of what the words meant in the context of the law, for example, in the case of charges under section 5 of the 1986 Public Order Act were the words insulting, viz:

(1)A person is guilty of an offence if he— .

(a)uses towards another person threatening, abusive or insulting words or behaviour, or .

(b)distributes or displays to another person any writing, sign or other visible representation which is threatening, abusive or insulting, .

with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person, or to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked. (http://www.legislation.gov.uk/ukpga/1986/64).

The liberal elite fear anyone who pleads not guilty, even if it is on grounds, such as those just described, which do not challenge  directly the basis of the multicultural fantasy. This is because any contested trial brings into the public fold a dissenting voice and , consequently,  demonstrates  that the law is being used in a way which is incompatible with either a free society or a democracy, because it is inherent in the concepts of both a free society and a democracy that any opinion must be allowed to be argued or by definition the society is neither free nor a democracy.

If someone charged with politically correct “crimes” puts forward a defence that the laws under which they are charged are illegitimate because the laws are tyrannical and destructive of both freedom and democratic participation, the problem for the liberal elite is much amplified because it nakedly reveals their hypocrisy. Whilst happily using and tolerating the use of power appropriate only for a totalitarian state,  the official liberal line is that they are the most wonderfully moral and tolerant people in the world who find any form of discrimination or imposition of values obnoxious. Any person who wished to mount a forthright defence on the grounds of free expression and democratic participation would be  crying that the Emperor had no clothes.

The other very damaging possibility(for liberals) would be if a defendant argued that a failure to apply the law regarding racial incitement, threat, insult and so on equally rendered the law both morally null and legally incomprehensible, because it was literally impossible for any individual to judge what was and what was not illegal.  This would be very simple to do because there are many glaring examples of blacks engaging in racist abuse of whites not being judged to have committed racist crimes – two prime examples can be found in http://englandcalling.wordpress.com/2012/05/31/prison-for-merely-speakingnon-custodial-sentences-for-sustained-physical-attacks/.

To these instances of double standards  can be added the vast numbers of incitements to racial hatred against the native white population of Britain by politicians, the mainstream media, academics and ethnic minority spokesmen who insist that Britain is a racist society because its native white population is racist. These not only attract no attention from the police but no condemnation by politicians or the mainstream media. ( I referred Greg Dyke when Director-General of the BBC to Scotland Yard  after he referred to the BBC staff as “hideously white”, a clear incitement to hatred against whites and especially potent because of his public position. Scotland Yard refused to open an investigation).

This brings us back to the question of why Emma West has been referred for psychiatric reports. The authorities have already done their best to intimidate her. After Miss West’s arrest she was held on remand “for her own protection” according to the court in Bronzefield Prison, the nearest to a high security Category A prison in England, a prison which has housed amongst others the mass murderess Rosemary West. They did this despite the facts that  (1) she made no request for protection nor was any firm evidence of serious threats to her safety produced.and (2) she has a three year old son to look after. (http://englandcalling.wordpress.com/2011/12/07/emma-west-immigration-and-the-liberal-totalitarian-state-part-2/)

Despite these intimidating experiences and the danger that her son may be taken from her by social services, Miss West still appears to want to plead not guilty. If she is resolute in that, her best way of winning her case or, quite possibly ,having the case dropped before it comes to court , is to fight the charges on the  grounds that they are an affront to free expression and democracy.  Miss West should also add the double standards in applying the law to the embarrassment she can cause the liberal elite. If she relies on a defence or mitigation based on her history of depression or the medication she took, it is unlikely to save her from conviction or provide much by way of mitigation because she has pleaded not guilty. There would be every chance she would go to prison and/or lose custody of her son.

What I recommend to Miss West is good advice to anyone who is arrested for a “racial crime”.  Make it clear from the moment you are approached by the police that you will plead not guilty on the grounds that free expression is a necessity in a free society and to engage in the democratic process.  There is a fair chance they will not even caution you, let alone try to bring you to court because the last thing the British political elite want are large numbers of trials with the defendants pointing out that the liberal emperor has no clothes.

Easy to say, difficult to do  I can hear people saying.. That is true. Being brave in such circumstances is deeply difficult, even for those  in political parties which have some public profile and base their politics on politically incorrect ideas of race and immigration.  In 2005 the leader of the BNP Nick Griffin emailed me to ask whether I would appear as a witness in a court case in which he was appearing as a defendant to charges of .  I had never met, spoken to or exchanged emails or letters with the man before his email arrived, nor had any dealings with him after our 2005 exchange of emails.

Griffin contacted me because Tony and Cherie Blair, quite bizarrely, attempted to have me prosecuted, and failed dismally, under the Malicious Communications Act during the 1997 General Election. Those interested in the case can find a summary at http://livinginamadhouse.wordpress.com/2010/10/26/when-tony-and-cherie-blair-tried-to-have-me-jailed/. He wanted me to give evidence which showed political tampering with the justice system.  This I agreed to do because Griffin was “the subject of both a  political law and a political prosecution.” . I wrote a detailed note which both laid out what evidence I could bring and my advice about how he could best run his defence.  Griffin accepted this then did precisely what I had warned him against doing, namely, letting his lawyers run a defence which did not defend the principle of free expression. Griffin was found not guilty but that verdict left him with a problem he cannot shake off. By allowing the defence he did, he tacitly accepted the legitimacy of the laws under which he was charged. I include the relevant exchange of emails with Griffin at the end of this article.

If the leader of a political party with enough support to justify the odd media appearance cannot be brave, why should the ordinary person be brave?  If the arguments about the value of free expression do not convince, consider the fate of  those who have been brought before courts in recent times. Jacqueline Woodhouse and Liam Stacey pleaded guilty and made the most abject public apologies. It did not save them.  They were both sent to prison for merely speaking in a country where burglars commonly do not receive a prison sentence  until their third or fourth conviction and violent assaults by blacks on whites receive community service, for example, . http://www.dailymail.co.uk/news/article-2070562/Muslim-girl-gang-kicked-Rhea-Page-head-yelling-kill-white-slag-FREED.html#ixzz1flw8TY6p.

Nor will the effects of meekly pleading guilty be over after your court appearance is done and your sentence served.  You will probably lose your job and find it difficult to get another one.  If you are in higher education you will probably be excluded from the university, either temporarily or permanently.  Even if you do complete your course, your job prospects will be blighted because prospective employers will have somewhere in their minds a memory of your trial and the publicity surrounding it. Depending on your social circumstances, you may find yourself socially ostracized if you are middle class or be an object of fear to anyone because you will carry the label “racist” around with you and that will make you seem dangerous to most people regardless of their private views on race and immigration. In short, pleading guilty is never going to be an easy way out.   At worst, if you are going to pick up a criminal record and possibly a prison sentence, you can  keep your self-respect intact by fighting the case on the grounds of freedom of expression and the right to tell the truth about the most profound act of treason, the permitting of mass immigration.

——————————————————————-

My correspondence with Nick Griffin  

To:                      Philip@anywhere.demon.co.uk

Subject:              a crack at Blair?

From:                  BNP Chairman

Date:     19 June 2005 21:24:02

Dear Mr Henderson

It occurs to me that there’s just an outside chance that something you have on Blair and his cronies (and/or the BBC) might just be able to be worked in to my defence against Race Act prosecution in Leeds Crown Court later this year.

The problem, of course, is making a connection so that the judge would rule such material relevant and admissable, but if you have anything that you think could possibly fit the bill, and which you would like to see given a very public airing in full view of the national media, then please drop me an email at your convenience.

Yours sincerely

Nick Griffin

British National Party

————————————————————-

To:                      BNP Chairman

Subject:              Re: a crack at Blair?

From:                  Robert Henderson <philip@anywhere.demon.co.uk>

Date:     21 June 2005 13:45:35

OK. Just answer me one question for the moment. Do you want to frighten Blair and co into dropping the prosecution or do you positively want the case to go ahead so you can use it as a political platform? I

don’t care which it is but I would need to know before we go any further.

RH

———————————————–

To:                      Robert Henderson <philip@anywhere.demon.co.uk>

Subject:              Re: a crack at Blair?

From:                  BNP Chairman

Date:                   21 June 2005 15:58:02

Option a) would be marginally better because then we can always get a bite of cherry b) at a later date by going head-to-head with their proposed Islamophile ‘law’.

N

—————————————————————-

To:                      BNP Chairman

Subject:              Suggested action you should take

From:                  Robert Henderson <philip@anywhere.demon.co.uk>

Date:     04 July 2005 17:11:57

Dear Mr Griffin,

I have had a good think about your request. In principle I am willing to help you and those being prosecuted with you. I do this simply because you are the subject of both a political law and a political prosecution. However, I must insist on one thing: that you all are entirely honest with me.

You say you ideally wish to frighten Blair and co out of the prosecution. What I am going to suggest will both serve that purpose and also provide a good skeleton for your defence if you get to court.

Your tactics

I suggest the following:

1. Call the Attorney-General Lord Goldsmith

Calling Goldsmith would be legitimate simply because he is both a politician and the man who took the decision to prosecute. You should argue that there is no proper separation of powers and consequently no fair judicial process. The Human Rights Act provides for a fair judicial process. There should be grounds to challenge the prosecutions on those grounds alone, i.e., that the judicial process is unfair.

More particularly, you can argue that he should be called as witness on the grounds that the prosecution has been undertaken for political not judicial reasons and without any consideration of the public interest.

There is public evidence that Goldsmith does allow his politics to colour his legal judgement. He changed his mind over the advice he gave to Blair on the legality of theinvading Iraq. On 7th March 2003 Goldsmith was doubtful about the legality of the war without a second UN resolution – his opinion has now been published. By 17th March 2003 he was telling Blair there was no problem without a second resolution. Goldsmith has never explained satisfactorily why he changed his mind in the space of ten days.

You should also argue (1) that the law itself is incompatible with democracy and (2) that there is a great public interest in not prosecuting, because the people being prosecuted represent a political party which is both acting within the democratic rules and has significant electoral support. You should further argue that the Human Rights Act protects both freedom of speech and democratic political activity.

2. Call Blair as a witness. The justification for this would be the collusion by Blair and Goldsmith over the Iraq advice and Goldsmith’s change of opinion. If you get permission to call Goldsmith it would be difficult for the court to refuse the calling of Blair.

3. Challenge what is meant by racially inciting. Get them to define it. Introduce examples of racial incitement by ethnic minorities. The Koran is a particularly good source of embarrassing quotes – I send you a selection by separate email.

4. Accumulate examples of ethnic abuse of whites which has not been prosecuted. If you know of whites who have made complaints to the police of racial incitement by blacks or Asians against whites which the police have failed to investigate or the attorney-general failed to prosecute, introduce these into evidence to show that Goldsmith or his predecessors are not even handed. I send you examples of complaints I have made which have not been investigated let alone prosecuted.

Calling people as witnesses

If you call someone as a witness you cannot cross-examine them. This puts considerable restrictions on what can be asked and the manner of the questioning (although a decent barrister should be able to get most of what he wants out of a witness even under those circumstances). Where a witness is reluctant – and the likes of Blair and Goldsmith would do everything they can to avoid being called – you can make application to the court for them to be treated as a hostile witness. If granted, this allows them to be cross-examined in all but name. Even allowing for the political pressure on the court, I doubt if any judge would fail to rule that they were hostile witnesses.

Your legal representation

Those labeled as racists generally have a problem with legal representation, both in getting it at all and in the nature of the representation when it is found. Barristers in particular have a habit of distancing them from their clients with words along the line of “My client is a vile racist but that does not mean he is guilty”. Consequently, it is vital that you give written instructions to both your solicitor and counsel forbidding such behaviour and laying out clearly how you want your defence conducted.

Remember, you instruct your lawyers, not they you. Once they have accepted your instructions they are bound to obey them r resign from the case. However, the courts look very unfavourably on counsel resign in criminal cases, so once you have got your instructions accepted there is a good chance they will be followed.

Lawyers generally will kick up about a client who wishes his  instructions to be followed – they are often the most arrogant of people who take the view that the conduct of the  case has damn all to do with the client. But you must face them down on this.

Representing yourself

In extremis, i.e., no one will take your instructions,  represent yourself. I would normally be very loth to  suggest this because there is a great deal of truth in the legal maxim that a man who has himself for a client has a fool for a client, but as it is a political trial it could be your best course of action.

If you do take this course, you should prepare yourself by producing schedules of questions. These should be primary and supplementary questions in this fashion:

Primary Question: Lord Goldsmith, did you discuss the case  with any member of the Labour Party before making your  decision to prosecute?

Secondary questions.

If Goldsmith answers YES ask: Which member or members did  you discuss it with?

If Goldsmith answers NO ask: Did you discuss the case with  any member of the Labour Party after making your decision to  prosecute?

In short, your schedules must anticipate as far as is possible the responses a witness will make.

Questions to witnesses should be “closed” wherever possible,  i.e., the questions should permit only a yes or no answer.

There are some questions which must be asked which will not allow a yes or no, for example, in the demonstration  questions above there would obviously come a point where you  would be forced to ask a question along the lines of “What  did you say to X”. If Goldsmith admitted that he had spoken  with a Labour Party member before he decided to prosecute,  you would probably need to ask such a question, although if  you are cross examining you could keep suggesting scenarios  to the witness, e.g., “Did you say Y to X?”.

My involvement with the Blairs

I am assuming that you have familiarised yourself with the  detailed case from my website.

I can say as a matter of objective fact that Blair is at the  least very wary of me. There is first the amazing fact that  Blair and his wife were willing to get involved in a criminal  prosecution involving me during the six most important weeks  of Blair’s life – the 1997 election campaign. The killer fact  for them is that they did not go to the police when I sent  them the letters but only after I circulated to the media the  letters and the replies I had received from their offices.

Second, is the remarkably experience I have had with the  police since 1997. I made various formal complaints against  the Blairs and the Mirror in 1997 and several since  due to  various attempts in internet  newsgroups  to incite  violence against me.  against me.

Normally such complaints would be dealt with by a detective  sergeant. To date I have dealt with a Det Chief Supt (head  of the Met’s Dept of Professional Standards, a very powerful copper indeed), a Scotland Yard Det Supt and two Det Chief  Inspectors. All came to my home when I requested it. That such senior officers have been assigned to my complaints  shows that the police and Blair are colluding when it comes  to dealing with me.

Consequently, if the authorities think you will be putting  me in the witness box, they will probably chicken out.

The best public document relating to me to wave at them is  the EDM put down by Sir Richard Body, viz:

On 10 November 1999, Sir Richard Body MP, put down this  Early Day Motion in the House of Commons:

That this House regrets that the Right honourable  Member for Sedgefield [Tony Blair] attempted to persuade the Metropolitan Police to bring criminal  charges against Robert Henderson, concerning the Right honourable Member’s complaints to the police  of an offence against the person, malicious letters and racial insult arising from letters  Robert Henderson had written to the Right  Honourable Member complaining about various  instances of publicly-reported racism involving the  Labour Party; and that, after the Crown Prosecution Service rejected the complaints of the Right  honourable Member and the Right honourable Member  failed to take any civil action against Robert  Henderson, Special Branch were employed to spy upon  Robert Henderson, notwithstanding that Robert  Henderson had been officially cleared of any  illegal action.

Yours sincerely,

Robert Henderson 4 7 2005

——————————————————————

To:                      Robert Henderson <philip@anywhere.demon.co.uk>

Subject:              Re: Suggested action you should take

From:                  BNP Chairman

Date:                   05 July 2005 13:31:35

Of course. Thanks – though I usually tell lawyers that I think Will Shakespeare had the best idea about how to deal with them, and generally they take it well as they know deep down that they’re parasites.

N

Leveson Inquiry: sabotaging deniability

Robert Henderson

To remove the defence of “I did not know”from those running the Inquiry, I have sent a fascimile copy of Morgan letter to the PCC to every barrister employed by the Inquiry via their chambers and to Leveson at the House of Lords

—————————————–

To:  Counsel to the Leveson Inquiry Robert Jay QC, David Barr, Josephine Norris, William Irwin, Toby Fisher, Heather Emmerson, Carine Patry Hopkins

In November I supplied the Inquiry  with a copy of the letter Piers Morgan sent to the PCC when he was editor of the Mirror . In the letter he admitted receiving information illicitly from the police, almost certainly by paying the police officer involved.  A copy of that letter in text form is below. The  attached word document has the letter with all the formatting intact including showing the Mirror letterhead on which it is written .

In his letter to the PCC Morgan wrote “The   police  source of our article (whose  identity  we have  a  moral obligation to protect) gave  us  the  detail of the  letters  that  we  then published.”

Under oath before the Inquiry Morgan denied ever having obtained information illicitly from the police whilst editor of the Mirror.  Consequently he has almost certainly committed perjury.  I  brought that fact to the attention of the Inquiry in December.

Despite the clear evidence of the illicit supply of information by the police to the Mirror,  the Inquiry legal team is refusing to investigate either Morgan’s admission to the PCC or his probable perjury. This brings the Inquiry into disrepute and places any person working for the Inquiry in a legal capacity in  professional jeopardy if they allow to continue this failure to investigate serious crimes which go directly to the  core of what the Inquiry is supposed to achieve, namely, the exposure of press misbehaviour with a view to controlling it in the future,

To give you the details of how we have reached present state of play, I enclose below Morgan’s letter my recent email exchanges with the Inquiry solicitors.

I ask you all to get the refusal to investigate the evidence I have given relating to Morgan overturned.

Robert Henderson 18 February 2012

—————————————————-

Lord Leveson

House of Lords

London WCI

20 February 2012

Dear Lord Leveson,

I write to you directly to ensure that you have sight of Piers Morgan’s letter to the PCC in which he unambiguously admits receiving information illicitly from the police by writing “The police source of our article (whose identity we have a moral obligation to protect) gave us the detail of the letters that we then published.” A copy of the letter is enclosed, together with copies of my recent email exchanges with Miss Brudenell and her staff on 15 and 18 February.

The legal team servicing the Inquiry are refusing to use this information which shows that Morgan lied under oath to the Inquiry. This failure to act seriously undermines the integrity of the Inquiry and suggests that the any evidence which will bring anyone with serious power, wealth or influence within the confines of the criminal law will be suppressed.

I ask you to use the information I have provided to expose Morgan’s doubly criminal behaviour of receiving information illicitly from the police and perjuring himself before your Inquiry.

Yours sincerely,

Robert Henderson 

The Leveson Inquiry – Robert Henderson’s evidence still being considered

Miss Kim Brudenell

Solicitor to the Inquiry

Leveson Inquiry

Royal Courts of Justice

Strand

London WC1

14 February  2012

Dear Miss Brudenell,

Confirming our telephone conversation of 14 February, you stated:

1. That my email to you of 27 January was received despite no acknowledgement being sent .

2.  That my various submissions to the Inquiry are currently being reviewed.

3.  That no decision as to whether I will  be called as a witness has been made.

4. That it is probable that  you  will write to me with answers to the questions  raised in my email of 27 January  within 14 days.

We agreed that if I have not received a written reply from you within two weeks I will  phone you again.

I think it would be useful if  we have  a meeting to allow me to explain fully  the extent of the  press abuse I have experienced,  the blatant failure of  the PCC to act even when presented with the most persuasive evidence of breaches of the PCC  Code of  Conduct and the shameful  refusal of  the police to meaningfully investigate instances of the press receiving information illicitly from the police which I have referred to them.

If I am not called to give evidence  it will be scandalous. Not only  am I an exemplary witness for all of the abuses the Inquiry is investigating bar phone tapping, but I have provided you with a letter from an editor  to the PCC admitting receiving information illicitly from the police. As that editor has already appeared before the Inquiry and under oath denied any knowledge of receiving information illicitly from the police, that constitutes an  unambiguous act of perjury.

Please acknowledge receipt of this email. You might like to note that I have yet to receive an acknowledgement  at the first time of asking for any of the emails I have sent to the Inquiry.

Yours sincerely,

Robert Henderson

See also http://livinginamadhouse.wordpress.com/2012/01/27/leveson-inquiry-robert-hendersons-application-for-core-participant-status/

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