The latest developments from the Telegraph (telegraph.co.uk):
A senior Scotland Yard officer has told The Sunday Telegraph that News International executives – including Mr Murdoch’s son James – are being investigated for any alleged role in covering up the extent of “industrial scale” phone hacking.
The Metropolitan Police want to know why a series of emails, dating back to 2006, were only made available to detectives in January, prompting the current inquiry that has led in the past two weeks to the closure of the News of the World, the resignations of executives Rebekah Brooks and Les Hinton, the arrest of Andy Coulson and the scrapping of News Corporation’s proposed takeover of BSkyB.
The source said: “News International appears to have covered up this scandal. That is potentially a conspiracy to pervert the course of justice. It would have to be proved that James Murdoch, Rebekah Brooks or any other senior executive knew the information handed over in 2011 was actually in the system in 2006 and suppressed it.
“The way they are sacking people at the moment, you can’t rule out further information coming out.”
News International has confirmed that a series of emails had been read by senior executives – a source declined to say who – before being sent in 2007 to an outside law firm where they remained for four years before being handed to police.
http://www.telegraph.co.uk/...
Read the rest of the article. Well worth a few minutes.
Criminal conspiracy to pervert the course of justice is a very strong assertion and, if proven, will carry heavy weight. Information on teh charge below the fold..
REFERENCE: http://www.cps.gov.uk/...
Perverting the Course of Justice
Date Produced: 30 November 2010
Title: Administration of Justice
Offence: Perverting the Course of Justice
Legislation: Common law
Mode of Trial: Indictable only
Statutory Limitations & Maximum Penalty: At large
Aggravating & Mitigating Factors
· Nature and number of offences
· Whether premeditated or spontaneous
· Degree of persistence
· Arrest of innocent person
· Any impact upon prosecution
Relevant Sentencing Guidelines
There are two guideline cases.
R v Tunney [2007] 1 Cr. App. R. (S.) 91
The sentence appropriate for perverting the course of justice essentially depends on three matters:-
· the seriousness of the substantive offence to which the perverting of the course of justice related;
· the degree of persistence; and
· the effect of the attempt to pervert the course of justice on the course of justice itself.
R v Walsh and Nightingale [1993] 14 Cr. App. R .(S.)
Care must be taken to avoid giving the impression that the sentence is on the basis of conviction of the substantive offence rather than of the conspiracy to pervert the course of justice.
Relevant Sentencing Case Law
General sentencing brackets summarised in Archbold at 28-28 as follows:
· threatening or interfering with witnesses - 4 months to 24 months.
· concealing evidence - 4 months to 18 months, possibly longer if serious crime.
· false allegation of crime resulting in arrest of innocent person - 4 to 12 months.
AG's Ref (No 1 of 1990) 12 Cr. App. R. (S.) 245
Sentence should normally be consecutive to substantive offence.
Interference with prosecution witness
R. v Hurrell [2004] 2 Cr.App.R.(S.) 23
Appellant asked to provide a sample of breath, prevaricated, was arrested, offered the police officer £2,000 to forget about the test, and continued to try to bribe the officer while being conveyed to the police station. On arrival, he provided a sample. He said that his attempt to bribe had been light-hearted. Previous cases considered. Sentence for attempting to pervert reduced to three months imprisonment.
R. v Hall [2007] 2 Cr.App.R.(S.) 42
The appellant pleaded guilty to conspiracy to pervert the course of justice. He and others indulged over months in very serious and sustained attempts to threaten and intimidate a 15-year-old girl due to give evidence at his trial for a sexual offence against her. Sentence of seven and a half years imprisonment upheld
R. v Jones [2008] 2 Cr.App.R.(S.) 75
After a murder, one of those involved contacted the appellant, who agreed he would visit the murder scene to ensure that no one would speak to the police about it. The girlfriend of one of offenders agreed to provide evidence and was given witness protection. The appellant tried to persuade her to retract her evidence by threats and promise of money if she changed her statement. She gave evidence and the men were convicted. After his own arrest, the appellant caused further pressure to be put on her. Convicted. Sentence of 12 years imprisonment upheld.
Concealing evidence.
R v Francis-McGann [2003] 1 Cr. App. R. (S.) 14.
Speed camera case. Appellant was an army captain. He phoned the police to say that the vehicle had been exported, and subsequently sent a letter to the police. Convicted after trial. Sentence of three months imprisonment upheld.
R v Archer [2003] 1 Cr.App.R.(S.) 86
Appellant was the plaintiff in libel proceedings arising from newspaper allegations that he had had sexual intercourse with a prostitute. Convicted following trial on four counts and sentenced as follows:
Perverting the course of justice by procuring a false alibi - two years imprisonment. Perverting the course of justice by concealing the existence of a diary, providing his secretary with a blank diary and details to fill in, and using it as genuine - four years imprisonment. Perjury by falsely swearing an affidavit about documents in his possession - three years imprisonment. Perjury that the diary was in existence and contained certain entries - four years imprisonment. all sentences to run concurrently.
I'll add more info when I can find it..
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