Friday, October 24, 2014

Judge Bins Much Mitchell Evidence

plebgate-mitchell-sun

Over at the Royal Courts of Justice the judge – Mr Justice Warby – ruled that 9 of Mitchell’s 16 previous incidents with police officers were admissible as evidence. A blow to Mitchell who tried to block the evidence being put before the Court. It got worse for Mitchell, he also banned the former Chief Whip from discussing “reputational damage, hurt feelings and the effect generally on Mr Mitchell of the Plebgate affair” at the upcoming trial.

Mr Justice Warby said evidence from Mitchell’s chums; Lord Coe, Sir Richard Ottaway MP and others expressing doubt Mr Mitchell would ever use the word ’pleb’, would be permitted. Submissions about Metropolitan Police officers creating fake witnesses were refused.

Mitchell will give evidence first, and the trial of the preliminary issues in the case is set for 17 November. Having switched lawyers word has it that Mitchell is directing his new lawyers closely…

Thursday, October 16, 2014

Meanwhile Over in High Court 24

plebgate-mitchell-sun

COURT 24

Before MR JUSTICE MITTING

Thursday, 16th October 2014

At half past 10 Jury List

APPLICATION NOTICE

TLJ/14/0554 Mitchell v News Group Newspapers Ltd

TLJ/14/0554 Rowland v Mitchell

Another round in the £1 million Plebgate legal skirmishes which are making the lawyers rich.

The latter application is a damages claim by Police Federation backed police officer Toby Rowland against former chief whip Andrew Mitchell…

Wednesday, October 8, 2014

MailOnline Breaks Judge’s Libor Gagging Order

“Banker admits rate rigging – but you can’t know where he works” reports MailOnline this morning, explaining that the identity of a top City employee facing ten years behind bars “is protected by a court order”. The story is accompanied by a blurred photo of the banker in question. Right click on the image and look at its properties, however, and the world’s most read newspaper website has inadvertently named the Libor rigger. Guido has blurred the name out:

Judge Leonard QC will not be amused…

Friday, September 19, 2014

Loverson Lawyer Sherborne Off Mitchell Case

Andrew Mitchell is no longer employing the services of his celebrity barrister David Sherborne. Sherborne, who hit the headlines over his romantic Greek holiday with a fellow Leveson lawyer, had previously been punished by High Court judge Master Victoria McCloud for a bizarre legal screw up in which he failed to submit paperwork for the Mitchell case on time. Now his services are no longer required…

Tuesday, September 2, 2014

Met Hack Phone of Sun Journalist

The Operation Alice report revealed that The Sun’s political editor Tom Newton Dunn refused to co-operate with officers, even though he was himself threatened with arrest for aiding and abetting misconduct in a public office. Journalists are protected under Article 10 of the European Convention on Human Rights from having to reveal their sources and Tom Newton Dunn knew his rights. So the Met legally hacked his phones. The Met report into Plebgate states:

“On Thursday, 31 January 2013, PC James Glanville was arrested on suspicion of committing the offences of misconduct in a public office and perverting the course of justice. His arrest came about as the result of the initial analysis of the mobile telephone records from the Sun political editor, Mr Tom Newton Dunn, which showed a series of contacts by text and voice calls between the two over several days.”

Welcome to Britain in 2014, where the coppers access journalists phones to sniff out leaks from within their own ranks.

According to the Guardian:

“If police are seeking journalistic material, including information about confidential sources, they should use the procedures laid down by Police and Criminal Evidence Act (PACE) which provide article 10 compliant safeguards to ensure that sources are properly protected. It is alarming that in this case the police appear to have used other powers which do not have those safeguards and are not intended for use in these circumstances,” said Keith Mathieson, partner at law firm Reynolds Porter Chamberlain. Under PACE, police are required to go to court to ask a judge’s permission to get records belonging to a journalist. Journalists are then notified to enable them to attend court to formally resist disclosure to a third party. On this occasion this did not happen.”

Guido’s learned lunch partner spots a hole: By making Tom Newton Dunn a suspect, which the Met’s report into Operation Alice admits they did, the coppers could bypass having to alert him. Sun sources tell the Guardian they are consulting lawyers. A fight between Murdoch and the Met over accessing phones? Play it again, Sam.

Wednesday, August 20, 2014

Meanwhile Over at the High Court

COURT 12

MR JUSTICE WARBY

Wednesday, 20th August 2014

At 2 o’clock

FOR JUDGMENT

TLJ14/0733 Tim Yeo MP v Times Newspapers Ltd

UPDATE:

If Guido understands the ruling correctly, Tim Yeo has won the right to not have his libel claim held before a jury. Has Magna Carta not suffered enough?

Wednesday, July 23, 2014

EHRC: All Women Shortlists Are Unlawful

The Equalities and Human Right’s Commission has ruled that All Women Shortlists are illegal. To very little attention, the EHRC today published guidance on the equalities legislation around which appointments to boards must be made. It says very clearly on page 10:

“We do not believe that it is lawful to address under-representation by longlisting or shortlisting only female candidates to the detriment of male candidates” 

Though the context was the private sector, it could not be clearer about the legality of the issue.

One rule for us, another for…

UPDATE: People who seem to know what they are talking about say there are special provisions for political parties (until 2030) which permit the use of all-women shortlists by registered political parties in relation to elections to government (see sections 104 and 105 of the Equality Act 2010).

Monday, July 21, 2014

Starmer to Miliband: I Like You, Just As You Are
Former CPS Boss Favourite for Holborn Safe Seat

The former CPS Director of Public Prosecutions Keir Starmer – said to be the inspiration for Bridget Jones’ lover Mark Darcy – has been glued to Miliband’s side of late. Not only is he undertaking a  legal review for the party for free, he was on the leader’s table at Labour’s recent gala fundraiser. He’s been a loyal voice on the airwaves for a few months now.

As revealed in yesterday’s Sun on Sunday, Keir is the front runner for a very safe London seat. Tomorrow, veteran Labour MP Frank Dobson will officially announce he is standing down and Starmer is Labour insiders’ favourite to be the next MP for Holborn – home to lawyers and the High Courts. It seems Starmer’s brown nosing could be about to pay off.

“Wait a minute… nice boys don’t kiss ass like that.”

“Oh, yes, they f**king do…”

Monday, December 9, 2013

Their Friendship Aside, Sadiq Khan Still Has Ahmad Questions

From tomorrow Babar Ahmad can add convicted terrorist to his CV, along with Guardian contributor. At the district court in Connecticut the extradited Brit will plead guilty to running websites that allegedly sought to raise money, recruit fighters and seek equipment for terrorists in Afghanistan and Chechnya. This is despite years of demanding to be freed and fighting his extradition to the States. He had one very vocal supporter in this campaign: Sadiq Khan. The Shadow Justice Secretary said it was ‘truly shocking’ Ahmad had been held and was involved in the Free Babar Ahmad campaign.

Guido has written at length about the differing accounts from Khan about his relationship with Ahmad, but it is certainly clear that they knew each other as teenagers. Even if we leave this completely aside, the Shadow Justice Secretary is on shaky ground for his vocal support for Ahmad.

As Robin Simcox of the Henry Jackson Society wrote in October:

“Ahmad and Ahsan could have hopped on a plane and proved their innocence. Instead, as is their right, they chose to take their case to the European Court of Human Rights (ECtHR), the court system created by the European Convention on Human Rights (ECHR). The defendants argued that extradition to the U.S. would breach the ECHR. After years of appeals and delays, their case was dismissed by the ECtHR in September 2012.

Khan says that the decade long legal process for Ahmad and Ahsan overseen by both British and European judges saw due process ‘jettisoned’. I have no idea what he could possibly mean by this, but it would be interesting to know what about the courts’ verdict he felt was flawed.

Khan admits to a ‘fear’ that Ahmad and Ahsan will plead guilty in the U.S. Why a British MP is frightened of suspected terrorists admitting their guilt in our closest ally’s courts is anyone’s guess. Presumably he thinks the U.S. judicial system is crooked: if so, he should at least have the courage to say it.”

Despite his portfolio, Khan has said nothing about this development. Must have slipped his mind with all that campaigning for Mayor of London…

Wednesday, November 27, 2013

More Bad News for Mitchell

The Court of Appeal has ruled that even if Mitchell wins any legal action against the Sun, the former Chief Whip will not be able to recover any of his costs.

As Guido reported at the time, High Court judge Master Victoria McCloud punished Mitchell’s lawyers, including celeb barrister David Sherborne, for failing to submit paperwork on time and his appeal failed this morning.

Which might explain the somewhat budget nature of his press conference yesterday.


Seen Elsewhere

Does Europe Really Want Britain to Quit? | Nick Wood
Immigration Nation | Hopi Sen
Tories Choose Anti-Israel Candidate in Rochester | JC
Osborne’s Daycare Obsession is a Time Bomb | Kathy Gyngell
BBC Marr Pinko Trying to Ban the Queen | Speccie
Eric Hobsbawm: Companion of Dishonour | Standpoint
Guido Party Gossip | Iain Dale
Russell Brand Comes Out as 9/11 Truther | Guardian
Health Revolution is Underway | Fraser Nelson
UKIP Gets Professional | Red Box
Kelly Tolhurst Wins Rochester Open Primary | BBC


VOTER-RECALL
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Austrian Chancellor Werner Faymann on Cameron’s refusal to pay the £1.7 billion EU bill by December 1st:

“Well, then he’s gonna pay on December 2nd”



Mycroft says:

Have you read the last bit of Animal Farm?

You know where the animals are looking through the Farmhouse window?

My TV screen was that window at lunch-time today.

Be careful, the sudden self-congratulatory tone, the slightly pudgy outline of indulgence and you become exactly what you should despise.

The jolly face of the Quisling Cameron poses for your camera has mesmerised and deceived you, you who were once not so deceived.

You were no firebrand, you were a damp squib in my opinion, sorry.

You need a damned good kick up the ahse!


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