Phone-hacking trial: Kuttner prosecution shows CPS 'in urgent need of reform', barrister suggests
Closing speech: Jonathan Caplan QC
Proceedings resumed this afternoon to hear further closing argument from Jonathan Caplan QC, counsel for former News of the World managing editor Stuart Kuttner. The defence barrister returned to the conduct of his client over the interception of voicemails left on the phone of murdered teenager Milly Dowler. Caplan reminded the jury that the prosecution has accused Kuttner of "prevarication and bluster" over the Dowler voicemails during his police interviews and invited the jury to consider that the Crown was making its case in a "cavalier fashion" and that their characterisation of the interview was "imprecise and unfair" as Kuttner's memory of the events was genuinely "almost non-existent nine years later".
The defence QC then told the court that the prosecution had made two points which he was "sorry to say, were thoroughly bad". The change in the Milly Dowler "voicemail" story between two different editions made no difference, Caplan said, as "the cat was out of the bag". The barrister said the second "bad and hurtful point" was the suggestion that his client had held back the Dowler information from the police. The QC reminded the jury of Kuttner's "true and honest statement" that he would "no sooner do that than fly to the dark side of the moon" and suggested his client being in the dock showed "the Crown Prosecution Service is in urgent need of reform".
Caplan then turned to the issue of cash payments at the News of the World. "There is nothing intrinsically unlawful" about these, he said, "as long as someone pays Her Majesty's revenue and they were not paid to Crown servants." The barrister invited the jury to note that his client faced no charges in relation to payments to public officials as the only count he faced was conspiracy to intercept voicemails. The QC said that as managing editor his client had authorised payments to convicted phone-hacker Glenn Mulcaire as part of the "Alexander project" in 2005/2006, but there was no evidence that Kuttner knew who was being paid or why.
Counsel then moved on to discuss his client's actions in 2006 when News of the World Royal editor Clive Goodman was arrested for intercepting voicemails. Caplan said that the prosecution and Goodman's lawyer had both suggested that Kuttner had been involved in a "cover-up" of the extent to which hacking was going on at the newspaper. The jury were then shown a note, made by Kuttner, after he visited Goodman's home two days after he was arrested, which contained an explanation of who was involved in the phone-hacking. "It's a little bid odd," counsel suggested, that Kuttner would need this explained to him if he was part of the conspiracy.
The defence barrister then asked the jury to consider that after his client's arrest in 2011 his home was searched and nothing incriminating was found. He had also attended four police interviews and answered all questions put to him. "All the case comes to is that the managing editor signed off payments agreed under contract by the news desk" and visited Goodman at home after his arrest, he said. "Ten or even 20 times zero equals zero," he added. The barrister then ended his closing speech.
Court then adjourned until Monday at 1.30pm.
All of the defendants deny all of the charges, the trial continues.