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Transcript of Afternoon Hearing 3 April 2012 - The Leveson Inquiry

Transcript of Afternoon Hearing 3 April 2012 - The Leveson Inquiry

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Day 60 - PM <strong>Leveson</strong> <strong>Inquiry</strong> 3 <strong>April</strong> <strong>2012</strong><br />

1 Mr Jay, is there anything you want to say about any<br />

2 <strong>of</strong> the applications that I've received I will reserve<br />

3 judgment. I won't give it this afternoon.<br />

4 MR JAY: Sir, no.<br />

5 LORD JUSTICE LEVESON: But I will reserve it only for a very<br />

6 short period <strong>of</strong> time. Right, thank you very much. I'll<br />

7 provide a decision in writing in the course, I hope, <strong>of</strong><br />

8 the next few days. I would certainly want to try and<br />

9 get it out before Easter.<br />

10 Yes, Mr Ward<br />

11 MR WARD: Could I raise just one point. You made a point<br />

12 that my witness statement had not perhaps gone into<br />

13 great detail about Module 3. Of course I can append<br />

14 that and add additional --<br />

15 LORD JUSTICE LEVESON: I understand.<br />

16 MR WARD: I want to apologise for the fact that it wasn't<br />

17 entirely concentrated, but there is a great deal <strong>of</strong><br />

18 additional material.<br />

19 LORD JUSTICE LEVESON: All right, thank you.<br />

20 MS DECOULOUS: What's going to happen in Module 4<br />

21 LORD JUSTICE LEVESON: Module 4 is to do with the future.<br />

22 As we go through the afternoon, we will discuss the<br />

23 approach to Module 3 and the approach to Module 4, and<br />

24 the timetable, so that it will all become clear.<br />

25 Right. I think that takes me to an approach to<br />

Page 37<br />

1 Sometimes that's been possible to deal with, but in<br />

2 the rather more sophisticated range <strong>of</strong> issues that<br />

3 Module 3 generates, it is going to be absolutely vital<br />

4 that sufficient advance notice <strong>of</strong> lines <strong>of</strong> questioning,<br />

5 which may themselves involve reference to documents, is<br />

6 provided to Mr Jay so that he can assimilate them and<br />

7 consider their value. I would very much like to say<br />

8 that we'd like notice <strong>of</strong> some seven days. However,<br />

9 I recognise that that requires the statements to be<br />

10 online very much in advance <strong>of</strong> that seven-day period,<br />

11 but I think that what we will do is, in relation to each<br />

12 statement, we will mark it with a date upon which we<br />

13 would like any lines <strong>of</strong> questioning to be provided.<br />

14 I'm not saying there's a cut-<strong>of</strong>f because there never<br />

15 can be, but I am seeking to ensure that the preparation<br />

16 for these witnesses is as comprehensive and as timely as<br />

17 possible.<br />

18 Mr Jay, do you want to say anything about that<br />

19 MR JAY: No.<br />

20 LORD JUSTICE LEVESON: Right. <strong>The</strong> approach to Module 4.<br />

21 Essentially, I apprehend there will be little evidence<br />

22 in Module 4. <strong>The</strong>re may be a question -- "What is<br />

23 ethical journalism" -- asked and addressed, and the<br />

24 only other evidence is likely to be the suggested<br />

25 regulatory models. That that's from the press and from<br />

Page 39<br />

1 Module 3, which I intend should follow the same pattern<br />

2 that we have adopted hitherto. We will not start the<br />

3 political end <strong>of</strong> this module before the elections in<br />

4 early May, so we will then proceed to hear this evidence<br />

5 up to the end <strong>of</strong> June, and I'll come to the timetable in<br />

6 a moment.<br />

7 <strong>The</strong> next aspect <strong>of</strong> Module 3, which will undeniably<br />

8 address the political perspectives <strong>of</strong> the terms <strong>of</strong><br />

9 reference, is to consider the benefit we might receive<br />

10 from commentators. I apprehend that we're likely,<br />

11 because <strong>of</strong> time shortages, in the main, to seek<br />

12 statements and then to read them into the <strong>Inquiry</strong>, but<br />

13 I will want any submissions on that as appropriate as to<br />

14 whether that's acceptable.<br />

15 <strong>The</strong> third point that I want to make about Module 3<br />

16 is lines <strong>of</strong> questioning. It may be that the system has<br />

17 put statements up for core participants to see rather<br />

18 later than we would have wished, and sometimes with very<br />

19 little notice at all. However much advance notice has<br />

20 been given, however -- and in some cases it has been<br />

21 considerable -- lines <strong>of</strong> questioning tend to have been<br />

22 provided to counsel on the night before or the morning<br />

23 <strong>of</strong> -- and that's sometimes 2, 3 and 4 o'clock in the<br />

24 morning -- the day on which the witness coming to give<br />

25 evidence.<br />

Page 38<br />

1 others. <strong>The</strong> <strong>Inquiry</strong> has received a number <strong>of</strong><br />

2 submissions as to possible regulatory models and those<br />

3 are what we shall address during the course <strong>of</strong> Module 4,<br />

4 which will inevitably be very much shorter than any <strong>of</strong><br />

5 the other modules.<br />

6 So that brings me to the timetable for the <strong>Inquiry</strong>.<br />

7 During the week commencing 23 <strong>April</strong>, I apprehend that we<br />

8 will be calling some proprietors or media owners and<br />

9 other evidence crossing modules. So we won't be sitting<br />

10 the week <strong>of</strong> the 16th; we'll sit next on the week <strong>of</strong> the<br />

11 23rd.<br />

12 We'll then, I'm afraid, have another week <strong>of</strong>f,<br />

13 because I won't start Module 3 until after the<br />

14 elections. In the week commencing 8 May, we'll have<br />

15 further proprietors, we'll have catch-up evidence and<br />

16 we'll start Module 3. By "catch-up evidence", I mean<br />

17 evidence that I have not yet received but have been<br />

18 waiting to resolve. I have already mentioned that it is<br />

19 during that week that I will deal with the outstanding<br />

20 issues in relation to Milly Dowler's mobile phone. It's<br />

21 that week that I will consider again operations Glade<br />

22 and Repro<strong>of</strong>, and there will be some other witnesses who<br />

23 cross or potentially cross different areas, or more<br />

24 conveniently can be taken at that stage, whose names<br />

25 will be identified in the usual way.<br />

Page 40<br />

10 (Pages 37 to 40)<br />

Merrill Corporation www.merrillcorp/mls.com 8th Floor 165 Fleet Street<br />

(+44) 207 404 1400 London EC4A 2DY

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