The transcripts of the official inquiry into the culture, practices and ethics of the press.
The basic submission of the police is that, given the self-denying ordinance and the fact this Inquiry has been split into two parts, there should be every effort made not to make any findings that may interfere with criminal proceedings.
The only other thing that I would add is that if this is a course that the Inquiry is set on, one possibility of a way forward is to consider publishing a report where these sort of details and these kind of findings are delayed for publication. So a partially ...
It isn't, sir, with respect, what I'm saying and it's not the effect of what I'm saying. It's specifically limited to findings relating to knowledge and credibility of witnesses that may impact on a criminal investigation.
Sir, that's not what I've said.
Ultimately, I would submit there is no need for these sort of findings because the Inquiry has been divided into part 1 and part 2. These type of findings are more appropriate to part 2, I would submit.
I submit that everything you have just said indicates the problem, which is what is going on there is an investigation as to which of those facts were true, which may be something that falls to be decided and argued about again in a criminal prosecution. That is the risk ...
Most importantly, it's the fact that a public Inquiry did not believe the denial on oath is the most important --
It's the risk that I've identified.
I would submit it's something that the Inquiry should not do because of the potential risk.
No, that's not the position at all, because the Inquiry's been divided into part 1 and part 2, and sir, you've repeatedly emphasised this is not about who did what to whom. Findings of this nature strays into that area, I would submit. Finding of --
It may be different factually, but it's not different in principle, because the principle underlying it is that comments by public authorities of this nature can violate Article 6, and I would submit that applies equally in respect of those who may be witnesses, which is something that the ...
No. What's being submitted is that the Inquiry should strive not to make any findings that somebody falsely denied that they had knowledge of conduct because that person may be a witness in a future criminal prosecution, or they may be a defendant in a future criminal prosecution, and ...
But it goes to the question of a risk as to a fair trial, and this leads into my fourth point, which is the de Ribemont case.
Secondly, the nature and breadth of the offences under consideration which are listed in our skeleton. These do involve offences in which the surrounding circumstances and the knowledge of others are highly relevant and the proof of an agreement may be made by a matter of inference in relation to ...
Sir, you said earlier:
"In my judgment, those foreseebly won't be the subject of criminal investigation."
And with respect, it's submitted there is a great degree of uncertainty around that.
Sir, yes. You've seen our written submissions and Mr Browne has very helpfully made a number of the points that I would like to make, but I think that there are four points that I would wish to emphasise.
Before I do that, it's fair to say that ...
Our understand, sir, is that you ruled that we were going to be core participants for the entire Inquiry and we wish to remain a core participant for Module 3.
I don't, no. I can't make submissions about that.
The importance of anything being put forward being accurate.
But I'm not in a position to give any guarantee, which I'm sure you appreciate.
As regards what we're proposing to put before the Inquiry in relation to the Dowler issue, Mr Garnham, I understand, has been keeping the Inquiry informed. It is in hand. The Metropolitan Police will be submitting a note to the Inquiry. We hope to have that for some time ...
Sir, as regards the credibility issue, I don't have any submissions to make now and we'd like to consider that over the Christmas adjournment.
Sir, my name is Christina Michalos and I appear for the Commissioner of the Police for the Metropolis. Bernard Hogan-Howe has been appointed since the last hearing.
As regards the role of the assessors, we welcome the clarification of their role as set out in the assessment protocol and the ...
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