I do see that, and let me deal with it. I don't doubt that the police thought that they might have to prove that a message had been intercepted before it was listened to and that's why they bothered to get the evidence they did, technical evidence, to try and prove that. The issue I've always had here is whether any of that affected the scope of the investigation, in other words whether advice from the CPS was the reason why the investigation didn't go further in 2006/2007.
I do not think it did, not least because on my analysis of the advice at no point did Carmen Dowd ever suggest that RIPA alone was the offence that could be relied on. She initially said RIPA and the Computer Misuse Act. It's true to say the Computer Misuse Act option was considered and discarded later on, but by then the conspiracy option had been opened up, so at no stage could anybody have thought that the only basis for prosecuting is RIPA. That was my first point.
My second point was that Carmen Dowd had always expressed herself in a pretty provisional way. She said, "This is my view, we're going to have to come back to it." It was obvious to me, from looking at the indictment, that the team as a whole could not have been taking the narrow approach, for all the reasons that were rehearsed with Mr Perry this morning, and beyond all that, I couldn't see then and I can't see now how the narrow interpretation of RIPA would stop you even investigating other defendants. Because until you investigate, you don't even know whether you're going to get evidence which fits the narrow interpretation.
So there was all the analysis of the facts and the history that led me to reject the suggestion that at one stage was being put forward, that this investigation was curtailed because of CPS advice, and there was the common sense that you don't not investigate because of a narrow legal -- even if you genuinely think there's a narrow legal interpretation, because you just don't know what you're going to turn up, and an investigation could have turned up evidence which fitted the narrow view.
So I don't think it accorded with the history and it didn't accord with my commonsense approach.