Phone-hacking trial: Charlie Brooks' actions 'like a Carry On film' defence say
Charlie and Rebekah Brooks
The final day of closing argument at the trial of Rebekah Brooks, Andy Coulson and five others began this morning by hearing from Neil Saunders, counsel for Charlie Brooks. Brooks is charged with one count of conspiracy to pervert the course of justice by, the prosecution allege, hiding items from police investigating phone-hacking at the News of the World. The defendant denies the charge and has told the court the items concealed from police were his, and had no relevance to the investigation.
The defence barrister began his closing argument by reminding the jury that to convict his client they would have to be sure there were items hidden by his client that had not been recovered and they contained "relevant material". Saunders told the court his argument was that there was a "hostile environment" in July 2011 against his wife Rebekah and the items hidden were ones that could cause her embarrassment if their presence had been leaked by police to the media.
Saunders suggested that the jury consider what they had heard from the prosecution. He advised them their theory "this was a military style operation with numerous participants engaged in a web of deceit". In contrast, the barrister said, common sense would suggest that his clients actions were "possibly driven by drink" and Brooks' actions were "stupid but not criminal". Counsel then went over Brooks' career and noted that stories reported about his personal life had made him "no friend of the tabloid press" but that the jury had seen his "love and devotion for his wife".
The defence barrister then turned to the prosecution's allegations that a number of electronic devices belonging to the couple were missing and had never been recovered. Saunders reminded the jury that News International did not have comprehensive records of what devices were issued to staff so there was no way for the jury to be sure if anything was missing at all. There was also an email between the two in which Rebekah Brooks complains about losing an iPhone in a taxi which could, he said, explain where that one had gone.
Saunders then moved on to discuss the "pressures" on Charlie and Rebekah Brooks in the build up to her arrest in July 2011. A number of journalists, he told the court, had been detained in April 2011 and this information had been leaked to the Guardian. The jury were told that Rebekah Brooks changed her travel arrangements to avoid being arrested at an airport which could lead to the career ending "killer photo" of her in handcuffs. In July 2011 the Guardian broke the Milly Dowler story leading to, counsel said, "mega-fallout" with international media coverage and political pressure, including the fact that, in Charlie's words, Tom Watson MP "hated Rebekah".
The barrister then went on to Friday 14 July 2011 when Rebekah Brooks resigned as CEO of News International and "unceremoniously escorted from the building". On the following day the couple met with Mrs Brooks' new lawyers to prepare for a police interview on the Sunday. "It was against this background Charlie Brooks was about to make a foolish error of judgement, but not a criminal one."
The court then heard the defence describe the Sunday when Rebekah Brooks was arrested at Lewisham police station and Charlie returned to the couple's London flat at Thames Quay. It was there, the defence said, he made the "impulsive decision" to hide his personal items, including pornographic DVDs and a laptop computer. These he took downstairs and concealed in an underground car park behind some bins. These items were then picked up by News International head of security Mark Hanna and taken back to the company's office. The defence barrister noted that expert evidence showed none of the computers had been turned on that day so they had not been "checked".
Court then took a short break
When the jury returned Saunders asked them to consider "how many opportunities the Brooks had to hide property" and noted the police did not search Charlie's car. "If it wasn't so serious it would seem like a carry on film rather than a criminal conspiracy," he said, adding that the prosecution case consisted of "theories without evidence," adding "all is lost in translation, all is Chinese whispers". The jury were then shown CCTV footage of a security man employed by News International, who we cannot name for legal reasons, arriving at the car park with the bags in question and the defence barrister said he was going to "ask them to do some detective work" about the timing of his subsequent telephone call to Charlie Brooks, suggesting that the security guard was already moving towards the bin area before he spoke to the defendant.
The jury was then asked to leave the court while a legal matter was discussed.
When proceedings resumed the defence counsel invited the jury to consider that this was in contradiction to the prosecution claims that Charlie Brooks was "orchestrating" events that day and had instructed the security guard to place the items in the bin area. Saunders asked the jury to consider that this may have been a misunderstanding by the guard. "If they were carrying out a masterful criminal plan why not go and collect the items then?" the defence barrister asked, noting that they stayed behind the bins until found by a cleaner, Mr Nascimento, the next morning before being handed over to the police. Defence counsel explained Brooks' comment that he would "sue" as a reaction to the possible loss of a draft of his novel which was on one of the laptops.
Court then took another break
When proceedings resumed the defence barrister noted that the Guardian newspaper published the story that Charlie Brooks' bags had been found by police in the car park on 20 July, information they had been given by a officer working on the inquiry. This officer, the jury was reminded, was located but not prosecuted as there was no proof any money changed hands. Saunders also noted that the security staff "showed no loyalty" to the couple, quoting a text between two of them when Rebekah Brooks was sacked saying "tee-hee, fun and games". The coded texts between the security team "Broadsword to Danny Boy, the chicken is in the pot" showed the security team were "living in a fantasy land", the barrister suggested, adding "it was banter".
Saunders then turned to documents found by police on Charlie Brooks' Apple computer, including a draft editorial announcing the change of political allegiance from Labour to Tory by the Sun in 2009, which he added "may explain some of the hatred felt for her [Rebekah Brooks] in parliament". The barrister told the court this had been sent to Charlie by email and there was no evidence Rebekah Brooks ever used this laptop. The Sony computer found by police, Saunders said, contained the defendants book ideas, including his plan for a "Bill Bryson book for horses" and "some smut".
Defence counsel asked the jury to note that Brooks had not hidden his wife's computer, which had the draft letter from her to Andy Coulson which revealed they had a sexual relationship. "If Rebekah was engaged in a conspiracy would she not have arranged for that to be removed." Saunders said Charlie was only interested in hiding "his stuff" and ignored other computers and hard drives in the flat. "Are these the actions of a criminal?" the defence barrister asked.
Counsel then asked the jury to consider the circumstances of his client's arrest, which occurred at 4am in the morning. Anger at this, the court was told, was one of the reasons why his client refused to answer police questions at interview in line with the legal advice he had been given. His client, Saunders said, was "honest, but sometime silly" and was a loving husband and father, always ready to go for a pint or two. The barrister concluded that his client was "capable of drinking a pint of fairy liquid" but not "capable of committing this crime".
Court then adjourned for lunch.