2012-07-24

Summary of today's closing submissions:

Leveson thanks the inquiry for their work in the past year including the witnesses who came forward, their legal teams, Robert Jay QC and his team and the journalists who covered the inquiry.

Rhodri Davies QC stresses that although Rupert Murdoch is passionate about many political issues he does not use it to influence politicians or policy.

Davies says that phone hacking was profoundly wrong a deeply regretted by News International.

Davies argues that the reason the police did not do more to investigate phone hacking because of operational reasons concerning terrorism and not corruption.

Davies and Jonathan Caplan QC stress that the printed press face challenges the printed press face today, including falling circulation and profits and competition with the internet.

The CPS have announced that Rebekah Brooks, Andy Coulson, Greg Mulcaire, Neville Thurlbeck and four others will face phone hacking charges.

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Looks like some people are going to miss the adventures of Leveson and Jay:

@yorkierosie: Thankyou to all of those journalists who've worked so hard to tweet, blog, write articles chronicling marathon Leveson Inquiry!

@rosschawkins: The #Leveson Inquiry hearings are officially (more or less) over. (Small cheer among journos here)

@CroydonSuttonEd Hooray the #leveson inquiry is finally over.

@KJoanne: That's it. No more live streaming #Leveson. No more Mr. Jay. *wibble*

@cluedont: Encore! #leveson

@Mardvoldgit: End of the #Leveson Inquiry. May I say how grateful I am that it gave us Robert Jay?

@flashboy: Wait until after the credits. Samuel L. Jackson turns up.

@unfortunatenatalie: *sniff* this is worse than when Buffy ended

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“I thank the press who’ve reported on the inquiry from here or in the marquee, for keeping everybody informed as to what’s gone on.

"For most of you I suppose the task is now done and you can move onto other productive work.

"For me and for the team however we have only just started. I will produce a report as soon as I reasonably can. I recognise the urgency of the matter and the need to provide my views for the consideration of the govt and all those interested parties speedily so that decisions can be made as to the way forward.

"As I have said if anything happens over the next months which I feel impacts on work of inquiry, I will not hesitate in bring it up and if that means we will have to rendezvous back in the room again so be it."

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Leveson also thanks Robert Jay QC and his team for their work.

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Lord Justice Leveson makes his closing statement to the inquiry:

"This is an interesting moment save for a number of what might be described as loose ends or updates the gathering of formal evidence by the examination of witnesses is now at an end.

"It only leaves me to thank all those who have worked very hard to maintain the timetable which has pressed upon us from start to finish. So I start by thanking all those who’ve part as core participants their legal teams all those who, as Mr Rhodri Davies says, has observed worked invisibly under the surface as well as those who are visible for doing what they can to provide information continuously and ensure the inquiry has kept on track

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Need a reminder of what Lord Black and Lord Hunt recommended? Click here.

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Davies throws his support behind Lord Hunt and Lord Black recommendations.

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Davies: We suggest that Mr Sherborne exagerrated just a little the power of the press.

He adds that the press does not have compulsory powers to gather information, it can give orders, send troops to Afghanistan, it can only speak.

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Davies acknowledges the challenges facing the printed press stressing that the Guardian have recently recorded losses of £44.2m and are expected to see redundancies of around 70 to 100 journalists.

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Davies evokes article 10 of the Human Rights Act.

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Davies: It is the easy option to defend those elements of the press that trade in seriousness and high-mindedness... They are not the press that the vast majority reads... They read the popular and the mid-market press.

"These papers did not exist on a plain diet of serious stuff."

He adds: "That popular press must be allowed the scope to entertain and amuse as well as to educate and inform."

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Davies: What we see is excesses of the press have occurred when the search for a story has overcome boundaries of privacy

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Davies stresses that although phone hacking was unacceptable, he stresses that they were looking for “factitious information” not inaccurate information.

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Davies: The culture is therefore one that seeks after truth

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What drives journalists and papers is the desire to get the news and publish it first.

Davies goes into a definition of what “news” is.

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Davies says that Fred Michel has submitted another statement addressing Norman Lamb’s concerns. Nick Clegg in his evidence to the inquiry said that Lamb recommended supporting News International in return for favourable treatment from their titles.

Michel in his statement says that it was simply a misunderstanding.

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Davies: Nobody offered Mr Hunt any offer to wave through the bid.

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Davies says that Lord Mandleson rejected the idea of a Faustian pact between New Labour government and Rupert Murdoch. He also cites Alastair Campbell and Lord O'Donnell made similar claims.

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We have learnt that Murdoch is always interested in pol issues of the day has strong cviews on Europe, supporter of Irawq war and feels passionately about education.

These are the things he talks about when he meets politicians and does not trade support from his for personal or commercial benefit.

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Davies turns his attention to module three, which looks at press-politician relationships and acknowledges the focus has been mainly on Murdoch's relationship with politicians.

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Davies: The reasons the police did not do more in 2006 and 2007 were for operational reasons, not corruption.

Davies stresses that a phone investigation into phone hacking was limited due to terrorist threats at the time.

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Davies says the voicemail hacking was profoundly wrong and deeply regretted by News International. He adds that the reporting story of Chris Jeffries was out of balance.

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Davies: It is extremely difficult to balance the emotional impact of live evidence in this room against the dry intellectual knowledge that the majority of those 7,000 editions over 20 years never gave rise to any serious complaint but did inform and entertain millions of readers everyday.

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Davies: The events described took some time ago. Anyone who engaged in voicemail hacking received a good shock to the system. The consequences of what has happened are being felt but that was almost six years ago now.

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Rhodri Davies says "plurality" is a complex issue so won't be dealing with that in his closing submission.

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And we're back. Rhodri Davies QC from News International takes to the floor and is expected to speak for 40 minutes.

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Some confusion from Twitter over the hashtag #JayMemories. The tag is in reference to Jay from the band The Wanted and not Robert Jay QC.

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The BBC have compiled a colourful breakdown of the Leveson Inquiry by stats.

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Lunchtime round up:

The CPS have announced that Rebekah Brooks, Andy Coulson, Greg Mulcaire, Neville Thurlbeck and four others will face phone hacking charges.

David Sherborne QC from Core Participant Victims uses his closing submission to criticise the press, police and politicians.

Sherborne calls for a replacement to the current system of self regulation and calls for part two (the recommendations) to be implemented immediately.

Leveson stresses that part two cannot be implemented immediately given the scope of phone hacking and the number of people seeking damages.

Jonathan Caplan QC from Associated Newspapers stresses that challenges the printed press face today, including falling circulation and profits and competition with the internet.

Caplan also argues that a statutory defition of "public interest" is not necessary.

Guardian editor Alan Rusbridger notes that there can be no consensus on what form press regulation.

Rusbridger calls for a readers' editor or an ombudsman who can bypass the editor if they wish to seek redress.

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Rusbridger praises Leveson's handling of the inquiry in his closing remarks.

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Rusbridger: The problem with the news business is the very real consequences for democracy.

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Rusbridger: There are significant dangers to democracy in allowing media organisations to become dominant

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Rusbridger argues that the new regulator should offer hotline to public and could approach editors prior to publication

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Rusbridger calling for system of readers' editor / ombudsman, which Guardian and Observer already have. This system allows readers to bypass the editor and consult an independent body to seek redress.

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Rusbridger said they remained within the PCC system and are committed to independent regulation and support Lord Hunt and Lord Black's recommendations.

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Rusbridger: Our libel laws are bad for our claimants and defendants.

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He acknowledges that there has to be some statutory basis

He says that state licensing of journalists is wrong but adds that a voluntary body is not an answer

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Rusbridger: There can be no consensus on the shape regulation should take. That's healthy.

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Rusbridger: It is in our view that Leveson’s final report says something on dominant media power on culture, practice and ethics.

He adds that the press should fear transparency.

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Rusbridger: Nick Davies and I have encountered examples of people who have lives in some fear of one particular newspaper company.

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Rusbridger: The hearings which began last year have been almost cinematic in their scope

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Caplan finishes his statement and the Guardian's Alan Rusbridger takes to the floor.

Leveson jokes "Mr Rusbridger you will soon be taking silk".

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Leveson points out that the Mail Online (part of Associated Newspapers) have a huge readership in the US.

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Caplan suggests the system proposed by Kird Hunt and Lord Black, citing that it has the support of the press and should have the support of the public.

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Caplan cites the problems with regulating blogs which don't observe the PCC code. He says that all news operations borrow and develop information and ideas from other services such as blogs and newspapers.

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Caplan argues that public interest is a matter of judgement for the courts in privacy cases. He adds that a statutory definition of public interest is not necessary.

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Caplan: We suggest that there is a very clear and principled objection to stat underpinning in that it lets politicians in... Press cannot hold press to account if they are to be held to account by politicians themselves.

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Caplan: My client accepts the need for a new system but it must be self regulation

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Caplan: It is important that in order to produce public interest journalism you need to have journalism that interests the public

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Caplan draws his attention to the setting up of the public inquiry. He notes that it has been difficult given the

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Caplan mentions the challenges facing the printed press today from the internet and social media. He points out that social media did not exist when the Calcutt report was published.

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Caplan: Although PCC has been found wanting the failure to investigate phone hacking lies with the police and we must remember that it was the work of one newspaper, the Guardian, that exposed the situation.

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And we're back. We now hear from Jonathan Caplan on behalf of Associated Newspapers.

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Break

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Sherborne concludes his submission. He says that the Leveson inquiry has been a long process and that the public are "tired".

He says they are tired of the press promising to change and not apologising for what they have done but for the fact they got caught and that they are tired of politicians putting popularity over principle.

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Sherborne acknowledges the challenge of Leveson's recommendations.

"The media have a very loud megaphone".

He stresses that the media are "allergic" to the word "accountability, a word they are quick to apply to public figures".

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Sherborne: If this inquiry has told us anything is that those in power are oh so susceptible to the press.

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Sherborne: It's not the law that has failed us - it's the press, the police and the politicians that have failed us

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Sherborne: It is important that an integral part of keeping the press in check is in the rule of law... Yes it is expensive but it is the wealthy, well known and successful who the newspapers want to write about and not the "common people"

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Sherborne calls for a new regime with separate mechanisms for rule-making, investigations and adjudications. This includes an independent body with statutory backing.

Sherborne: Clear from evidence, of CPVs, media and social commentators, that there is considerable support for prior notification.

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Sherbonne: We’re not here to decide what is acceptable to the industry. We’re here because the industry is not acceptable to the public.

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Sherborne: When will the press learn that enough is enough?

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Sherborne: Self regulation doesn't work and hasn't worked.

"I leave the last word on self regulation to Rebekah Brooks"

Self regulation under the guidance of press regulation has changed the culture of Fleet Street and every single newsroom in the land.

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Sherbonne launches an attack on the PCC's self-regulatory structure.

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Leveson: I am not in any sense seeking to advance an argument that part two should not happen. Although it has been suggested that I have said that in paragraph 65 of my ruling of the 1st May doesn't actually say that."

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Leveson points out that there are court proceedings in relation to phone hacking and part two can’t be implemented immediately.

“The scale of the events manifesting itself by the number of people who have joined the ranks of those who are seeking damages.”

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Sherborne: I urge this inquiry to proceed to part two as soon as this is possible.

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Sherborne points out that the inquiry isn’t just about the News of the World.

“How do the public really know that this won’t happen again?”

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Sherborne: We now know what Mr Mulcaire did is only a fraction of what News Group's journalists did themselves.

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Sherbonne: What we have seen so far is only the tip of the ice berg.

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BREAKING: Rebekah Brooks, Andy Coulson, Ian Edmondson, Stuart Kuttner, Greg Miskiw, Greg Mulcaire, Neville Thurlbeck and James Weatherup will face phone hacking charges.

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The inquiry have now taken a break.

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CPS will charge eight out of 13 suspects.

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Sherbonne: This culture of intimidation is unhealthy and a curtailment of free speech.

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Sherbonne says that the inquiry has proven that "attack is the best form of self defence". He cites Anne Diamond who was "blackmailed" by Kelvin MacKenzie to publish a photograph of her with her son's coffin.

He also cites Hugh Grant's evidence to the inquiry who alleged that the Daily Mail hacked his phone.

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Sherbonne: We say there is strong evidence to infer that the journalists who knew Mr Whittamore knew they were gaining information illegally.

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Sherborne: What we have seen in some areas is a culture of plausible deniability rather than openness and candour... cover up rather than clean up.

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Sherborne: (on Paul McMullan) It’s funny isn’t it? That a man no one seemed to recognise was responsible for countless News of the World exclusives.

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Sherborne: It is not the journalists or the editors that are simply to blame. The problems stem right from the top.

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Sherbonne: No one is saying to Cameron that you can’t be friends with journalists.

He quotes Virgil: "beware of Greeks bearing gifts".

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The inquiry turns to module three, which looks at relationships between press and politicians.

Sherborne says that it is a great irony that elected representatives have been influenced by those who aren't elected.

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Sherborne turns his attention to “excessive hospitality” of police by the press.

“I wonder would you have described the decision to meet and have dinner as a wise a foolish one. Real bias or appearance of such either way it comes across as a desparately unhealthy one.”

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Sherbonne asks "what about operation Motorman"

Despite the sheer volume of criminal records... which Whitmore was paid significant sums to supply, not a single journalist that was named in his notebooks was ever charged."

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Sherborne: We all knew perfectly well the police had failed the public

Sherborne turns his attention to module two, which looks into police-press relationships.

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Tweet watch:

@jamiesont: Last day of #Leveson. Watched rehearsals last night. Mind blowing finale. Everything you thought you knew was wrong.

@coolchiccy_: In tears listening to this summation highlighting the ways the tabloid hacks have ruined lives, careers, relationships, marriages. #Leveson

@theboylatch: David Sherborne really is a hectoring bore. Do we really want this man deciding what is and isn't in newspapers? #Leveson

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Sherbonne says that even despite the inquiry into press standards nothing has changed. He cites that intrusion into shock and grief is a practice that still takes place even during the inquiry.

He says there is a "deliberate turning of a blind eye... there are individuals who haven't stopped to think about the damage that it does to people."

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Sherborne: The red tops ran a million miles from the (phone hacking) story.

Sherborne notes that the Guardian used "good old fashioned investigative journalism" to uncover phone hacking and were heavily criticised by the tabloids including the PCC.

He adds that the deafening silence of the tabloids on the phone hacking issue "speaks volumes."

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Sherbonne: Part of tabloid culture, it had its own name, “screwing phones”.

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Sherborne praises Sienna Miller's courage in coming forward to speak about press intrusion into her life and for taking on News Group.

"She was not scared to take on News Group. It was people like her who was prepared to do what she did."

He also praises journalists for having the courage to expose malpractices within the press.

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Sherborne: There seems to be less sympathy with people like Sienna Miller... will always be seen somehow as whingeing celebrities.

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Sherbonne says that being famous "somehow makes you fair game."

"Is this the price they have to pay for their success?"

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Sherborne turns his attention to Mary Ellen Field who was forced to go into rehab following leaks about her client Elle Macpherson.

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Sherborne: An interesting insight of a corporate culture whose idea of corporate housekeeping is sweep as much under the carpet as possible

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Sherborne: Sometimes there are just no words which will do.

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Sherborne now asks the inquiry to turn their attention to specific victims. He mentions the McCanns and Dowlers, normal people who were devastated by the results of media intrusion and whose lives were “permanently scarred” in pursuit of a good story.

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Sherborne: We are all concerned that it might be payback time

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Sherborne: “Press is on trial here not simply in this room but also out there in the court of public opinion”

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Sherborne: “We are not here to focus on the good journalists...we are here to consider the bad ones or the bad examples of journalism and what they show about the culture practice and ethics of press as a whole.”

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The running order:

David Sherborne (Core Participant Victims), Jonathan Caplan (Associated), Alan Rusbridger (Guardian), and Rhodri Davies (News International)

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The inquiry will hear closing submissions from closing submissions from the Core Participant Victims, Associated News Limited, Guardian News Media and News International.

 

 

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