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Daily Mail accusers induced to sue on basis of disowned claims, court told | Associated Newspapers
Public figures such as Doreen Lawrence and Elton John were “induced” to sue the Daily Mail’s publisher on the basis of a private investigator’s now disowned claims of illegal activity, the high court has heard.
Seven people including Prince Harry have accused Associated Newspapers Ltd (ANL) of using unlawful information gathering to obtain stories. John’s partner, David Furnish, and the actor Liz Hurley are also among the group. ANL denies all the claims.
The most serious allegations came from Gavin Burrows, a private investigator who has since said a witness statement containing claims of phone hacking, tapping and bugging was forged.
In written closing submissions in the 10-week trial, ANL’s legal team said the Burrows statement – and other disputed claims made by him – were used to recruit prominent figures to the case.
“It seems that it took time to build the group, and that at least some of the claimants were induced to join and maintain the proceedings on being persuaded … that the grave allegations attributed to Mr Burrows were truthful,” said Antony White, the lead barrister for the publisher.
He said that given Burrows now denied doing anything illegal for ANL, “the most serious of the claimants’ allegations, and the basis upon which Ms Hurley, Sir Elton John and Mr Furnish, the Duke of Sussex and Baroness Lawrence had been persuaded by the claimants’ legal representatives and research team to join the group claim, have effectively fallen away.”
White said it was a “particular tragedy” that Lawrence, 73, had been persuaded to join the case after the Daily Mail’s long campaign for justice for her son Stephen, who was murdered in 1993 in a racist attack.
White said Lawrence had been regarded as a “trophy claimant so prized by the claimants’ lawyers and research team”. He said she had been persuaded to join the case “on the basis of ‘evidence’ that had no substance and ultimately was not even deployed”.
Burrows previously told the court that Lawrence had been “conned” by researchers now working for the claimants’ legal team.
David Sherborne, the lead barrister for the claimants, has said Burrows only made his forgery claims after a huge falling out with Graham Johnson, a researcher for the claimants’ legal team.
In court, Sherborne said Burrows’ subsequent claims that his admissions and testimony were forged were “hopeless” and “frankly risible”.
Earlier in the case, Sherborne said Burrows was just “the original whistleblower” and there was “plenty of hard evidence of Associated using numerous other private investigators to carry out unlawful information gathering”.
White said claims against ANL of unlawful information gathering had been long in the planning by the campaign group Hacked Off. He said it was part of the group’s “political campaign” to show that the publisher had misled the Leveson inquiry into the practices of the press.
At the inquiry, ANL executives said there had been no hacking and that the use of private investigators had stopped in 2007.
White said researchers targeted “national treasures” who might gain public sympathy. He said “headline-grabbing allegations” of tapping, bugging and hacking made at the start of the legal action “generated, as must have been intended, enormous publicity”.
“This robust and comprehensive defence mounted by Associated has resulted in the most serious of the claimants’ allegations being struck out, or falling away, or being abandoned, or significantly reduced, before or during the trial,” he said.
He said there were no documents to support the disputed Burrows confessions.
White said that either ANL had not used private investigators in relation to the articles cited in the case, or that they had been used legally to obtain telephone numbers and addresses. He said a parade of current and former Mail journalists had recounted “a pattern of legitimate sourcing” for stories.
The claimants’ legal team have also focused on claims of alleged “blagging”, including of detailed medical information about the actor Sadie Frost and flight information about one of Prince Harry’s former girlfriends.
The case continues.
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‘After one gig, someone stole my car with my dole money in it’: Morcheeba on how they made The Sea | Culture
Ross Godfrey, songwriter, guitars, keyboards, electronics
We’d made our first album and were waiting for it to come out. But we wanted to carry on writing more stuff while we were in the mood. I even cut Christmas dinner short at my uncle’s in Brixton, London, so we could get back to the studio. We would work until we passed out, then I’d sleep underneath the mixing desk with my head in the bass drum, as that’s where the pillow was.
One night in early 1996, my brother Paul and I stayed up all night drinking vodka, trying to write as many songs as we could, and we came up with much of the Big Calm album. We showed Skye Edwards the chord progression for The Sea and some lyrics, and she came up with a melody. When the first album was released, we were suddenly doing lots of TV shows and touring, but when we played the Concorde in Brighton we went down on to the beach. It put us in the mood to record The Sea. Paul and I grew up in Hythe on the Kent seafront, so it felt poignant.
We recorded a rough version and gradually made it better. One night I came back at 3am with a load of people that we’d dragged from the pub after a lock-in, and I decided to record the wah-wah guitar bit. Another day we got a string section in and because I was 20 and was making them cups of tea they thought I was the studio assistant. When I asked for a psychedelic improvisation like at the end of the Beatles’ A Day in the Life, they went: “Why is the tea boy telling us what to play?” Paul found some loops for the drum beat and we ran everything on an Atari two-inch tape machine to piece the music together. Then Skye came in and sang.
The Sea was all set to come out as a single but the record company lost confidence, so it only came out as a white label for DJs, but we’re proud that Big Calm became a really successful album without having any hits on it. It spent a year in the Top 40 initially and eventually went double platinum, but we were still seen as an underground band. Then Channel 4’s early reality TV show Shipwrecked used The Sea as the theme tune and it’s since become our most popular track and our favourite to play live.
Skye Edwards, vocals, songwriter
My best friend, Julie, worked in a clothes shop and a courier who was delivering parcels invited her to a party. She asked me to come – “Because I don’t wanna be stuck with this random guy at a house party in Greenwich.” When I arrived at 11pm, there was no one there apart from Ross, who had a cute little denim jacket and a ponytail, and his mate, this guy Justin. I got Justin’s number, because he was very handsome, and took Ross’s, because I was going to try to sell him my drum kit as it was ridiculous playing drums in my little flat. It turned out that Morcheeba were looking for a singer and Justin told Ross I could sing. After my first gig with them, someone stole my car with my dole money in the glove compartment, but things worked out.
When we’d go in the studio, Ross would generally play the song on an acoustic guitar and I’d just sing along and Paul would talk about the lyrics he’d written. To me The Sea always felt very evocative and now whenever we perform it, I tell the audience to close their eyes and imagine they’re at the beach. Ironically, I grew up in the 80s with the Jaws films so was always afraid of the water. Then in 2019 a free-diving course in Thailand completely changed my relationship with it. Now I can put my face down, hold my breath and not be afraid of what lies beneath.
The song’s taken us around the world to some really beautiful places: we get asked to play at loads of festivals in lovely places by the sea or by lakes. Gary Clark from the band Danny Wilson once said to me: “You really nailed it there. I’m thinking of writing a song about a tree.”
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