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Phone hacking: DPP and Met at odds

Director of public prosecutions contradicts Met acting deputy commissioner’s account of legal advice given to police The director of public prosecutions has challenged the accuracy of evidence given to parliament in the phone-hacking affair by John Yates, the acting deputy commissioner of the Metropolitan police. In a detailed letter to the chairmen of two select committees, Keir Starmer QC contradicts Yates’s account of legal advice prosecutors gave to police when they first investigated the interception of voicemail messages by the News of the World in 2006. Yates has claimed repeatedly that police found only 10 or 12 victims. Evidence has now emerged that police knew of “a vast number”. He has told parliament on four occasions that he quoted the lower number because prosecutors told police they must prove not only that voicemail had been intercepted but also that it had occurred before the intended recipient had heard the message. In his written evidence Starmer listed a series of claims directly contradicting Yates’s account. He said: • Police had been advised that interception is an offence under the Computer Misuse Act, regardless of whether messages had been heard by their intended recipients. • An in-house lawyer at the Crown Prosecution Service had raised the possibility that under the Regulation of Investigatory Powers Act it might be necessary to show that the messages had not been heard but paperwork sent to police showed this view had been “very, very untested” and clearly “provisional”. • This early advice was then set aside when David Perry QC was appointed as prosecuting counsel – “He is clear that he did not at any stage give a definitive view that the narrow interpretation was the only possible interpretation”. • The charges that were brought against the NoW reporter, Clive Goodman, and the private investigator, Glenn Mulcaire, included counts where there was no evidence whether messages had already been heard. Yates has told the House of Commons home affairs committee as well as the committee on culture, media and sport that a narrow interpretation of the Regulation of Investigatory Powers Act “permeated the entire investigation”. In contrast, Starmer said: “In my view the legal advice given by the CPS to the Metropolitan police on the interpretation of the relevant offences did not limit the scope and extent of the criminal investigation.” He added that he had shown a draft of his evidence to Yates, who had not identified any factual inaccuracies. Phone hacking News of the World Police Newspapers & magazines National newspapers Newspapers News International guardian.co.uk

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Eric Newby’s other half

Wanda, the great travel writer’s widow, is as formidable a presence in real life as she is in Newby’s books, as Sam Jordison discovers When the late, great travel writer Eric Newby was asked in a magazine article to name one thing he couldn’t travel without, he said simply “my wife”. Wanda Newby is such a commanding presence in his books that it’s easy to see why. She is tough, practical and – most importantly – absolutely hilarious. Without her, he wouldn’t have had half so much to write about. Indeed, when she stayed at home, his journeys didn’t come off. Wanda herself once said: “He cycled 700 miles across England with somebody else because I didn’t want to do it in the cold. But it didn’t work. Eric said he couldn’t write the piece without my dialogue.” In Newby’s books, Wanda is combative, constantly argumentative, but thoroughly endearing. It’s hard to convey just how marvellous she is in a few words, but you can get a flavour from the following curt note, which Newby quotes in Love and War in the Appennines , his autobiographical account of hiding out in the Italian mountains during the second world war. She sends it to Eric at a point of extreme personal stress into warn him that the Nazis are about to arrive and he must escape: “Get out! Tonight, 22.00, if not Germany tomorrow 06.00.” Naturally, when I was offered the chance to meet her I leapt at it. Wanda spoke to me in her home in Kennington one bright afternoon last month, in a room flowing over with trinkets, sculptures, and pictures gathered from the four corners of the earth, and dominated by a large glass case containing a beautiful scale model of the Moshulu , the four-masted steel barque in which Eric sailed to Australia, aged just 19. We sat and leafed through the big red book Eric had been given after appearing on This Is Your Life, back in 1978, and drank tea while Wanda reminisced over 60 years of marriage, 20 books and countless journeys. My original intention was to ask Wanda how it felt to be the star of so many books, but she didn’t much want to talk about that. In fact, I got the impression she thought it was rather a daft question. “It’s rather embarrassing,” she said. “I don’t like it. But I was there. So of course, he had to mention me.” I wasn’t about to argue with her – from reading the books, I knew I’d lose. But on the subject of arguments, she did give me the following insight into why Eric invariably let her have her way: “I kept the money. If we had a quarrel, or something, I always said I’d go home with my purse. He did listen to me quite a bit. In fact, he needed somebody to support him.” To illustrate the latter point she told me about the time Eric decided he had to go on a river trip: “He said ‘I’m going on the Mississippi’. And I said: ‘You must be mad to go on the Mississippi, it’s not an adventure. There are houses everywhere.’ Then he said: ‘What about the Volga?’ And I said: ‘Well what are you exploring there? It’s all built up, it’s in Europe. Why don’t you go on the Ganges.’ And he said: ‘That’s a marvellous idea.’ “And we went.” The result was the classic Slowly Down The Ganges . To hear Wanda tell it, you’d think taking a 1,200-mile boat trip through the heart of India was as straightforward as catching the tube from her home in Kennington to Waterloo. The reality is that the Ganges is even less conducive to comfort than the Northern Line. I asked her if this marked lack of luxury had ever troubled her. “Well, it was interesting. If something is interesting, it doesn’t matter how tough it is. I enjoyed it,” she said. “We had to sleep on the banks, and the first night I was petrified because hyenas started shrieking around our camp. But the boatman said: ‘Don’t you worry, they only eat dead things.’ And since I wasn’t dead I put up with it.” Wanda was similarly enlightening when talking about Eric’s ability to charm his way around the globe. Her husband, she said, “was a strong man”. He may have described himself as “a bloody idiot” who mainly provided entertainment by blundering in and out of trouble – but that wasn’t the whole story. Just as “a short walk” in the Hindu Kush was actually a gruelling many-hundred-mile trek, so Newby carefully understated his own ability. Even his prose – which flows as easily and naturally as a river to the sea – conceals great labour. Writing did come naturally to him, said Wanda, but only because he worked so hard at it. Even before setting out “he did a lot of preparation”, reading up on wherever he was going and planning meticulously. “He wasn’t just going for adventure. He always found what he wanted. He didn’t choose a place and just go.” He kept comprehensive notes and, on his return, would spend hours working every evening. So he may have been an idiot – but he was no fool. He was also, Wanda told me with satisfaction, “well fed.” Once again, I could see how important she must have been to the partnership. But she insisted it was she who was the lucky one: “I was very fortunate to meet someone as eccentric as Eric. I enjoyed everywhere we went because he made it so interesting.” By now, the afternoon sunlight had faded. We had more tea. “I never thought I’d end up in London,” said Wanda. She had come a long way. I knew, because I’d also read the one book she wrote, Peace and War: Growing Up in Fascist Italy. She insisted to me that it was “not very good”, but on that point at least, I would have to argue. As well as providing a funny and poignant retelling of the story in Love and War in the Apennines – and how she and Eric first met, in fascist Italy – it is a fine evocation of a lost place and time, the Slovenian countryside between the wars, a world away from that comfortable room in Kennington. It made me feel quite misty-eyed, but typically, Wanda had little time for such sentimentality. “Don’t live to be 89,” was her last word on her long eventful life. “People grow too old nowadays. I don’t recommend it.” Eric Newby Travel writing Sam Jordison guardian.co.uk

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US ‘mercy killer’ jailed for murder

Kenneth Minor to appeal against life sentence after victim Jeffrey Locker hired the homeless man for assisted suicide A man convicted of murdering a debt-ridden motivational speaker has been sentenced to at least 20 years in prison in a case that tested the bounds of assisted suicide. Speaking for the first time about the death of Jeffrey Locker in July 2009, Kenneth Minor said his own life had “ended” the day he accepted Locker’s offer to pay to be killed in an apparent robbery so that his family could collect millions of dollars in insurance money . “In the end, Locker is where he wanted to be,” said Minor, 38. “I’m no animal, and I ain’t got no malice in my heart. “In the end, a life is a life. And I ask your forgiveness,” he said – before yelling an expletive on hearing his 20-years-to-life sentence. He plans to appeal, citing a juror’s statement that she felt compelled to convict him on the judge’s instructions. The case was unusual for broaching the concept of assisted suicide in the context of strangers staging an apparent street crime. Locker approached Minor on a New York street to ask for help staging his death, both prosecutors and Minor had said. Minor did not testify at his trial but told his account to police when he was arrested. Locker, 52, co-authored a 1998 self-help book and gave presentations on handling workplace stress. But he was deep in financial trouble himself, partly because of an investment in a $300m (£185m) Ponzi scheme. Locker had planned his death, including researching funeral arrangements online, sending his wife an email explaining how to shield and distribute their assets “when I am gone” and buying about $14m in life insurance in his final months to add to the $4m he already had, investigators found. Minor was a homeless former computer technician with a record of drug arrests. He said he initially balked at Locker’s request but started to feel sorry for him after hearing about his money troubles. Prosecutors said Minor went beyond aiding his suicide by stabbing Locker seven times in his car in East Harlem, New York, miles from his home on Long Island. Minor was arrested a few days later after using Locker’s cash-machine card – his compensation from Locker, he claimed. “This was murder for money, not a mercy killing,” said Manhattan district attorney Cyrus Vance after Minor’s conviction last month. Minor said he only held a knife while Locker repeatedly lunged into it. “I’m not suggesting that what Minor did is correct or right,” his lawyer, Daniel Gotlin, told the court, but “had Locker not decided to come to Manhattan and find an underprivileged individual, a minority individual, to do his dirty work, we would not be here today.” Minor, who said he had offered to plead guilty to the lesser charge of manslaughter, also said he believed race played a role in the case. But the state supreme court justice Carol Berkman said race “has nothing to do with what’s going on here”. “[Minor] was willing to participate in inflicting great pain on another human being for cash,” she said before sentencing him to a prison term midway between the minimum and maximum for his conviction. Berkman’s instructions to the jury about New York law surrounding assisted suicide are likely to focus Minor’s appeal. The state allows “causing or aiding” a suicide as a defence to certain murder charges; over Gotlin’s objections, Berkman told jurors that provision could not apply if Minor “actively” caused Locker’s death. That confused jurors about the defence, juror Olympia Moy said in a sworn statement that the defence team filed in court. “If the judge had not instructed us to consider whether Minor’s killing was ‘active’ or not, I would have voted not guilty to murder,” Moy’s statement said, adding that she contacted Gotlin to express her concerns after the verdict. Berkman believes the instructions were appropriate, and rejected a bid to overturn the verdict. “I’m sorry that a juror was shaken,” she said, but “day-after remorse by a juror is never a basis to question a verdict.” Locker’s family has been unable to collect most of the insurance money. His widow and family declined to comment through her father’s law office. Criminal cases surrounding assisted suicide have often concerned terminally ill people and the medical providers or relatives who help them end their lives. But a few other cases besides Minor’s have involved looser relationships and people who were not sick. New York United States guardian.co.uk

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Congo plane crash kills 32

Only one person survives after UN plane crashes in Kinshasa while landing in poor weather Only one person among 33 passengers and crew survived after a UN plane crashed while attempting to land in poor weather in the Democratic Republic of the Congo on Monday. The accident, in Kinshasa, is one of the worst to involve a UN aircraft. Most of the passengers were UN staff and peacekeepers, although five NGO workers were also on board. Alain Le Roy, the head of UN peacekeeping operations, said there had been no immediate information about the sole survivor, who is in hospital in the Congolese capital. The plane, which was travelling from the eastern city of Goma, had missed the runway in N’djili airport in Kinshasa, possibly because of heavy winds, Le Roy said. The Bombardier CRJ-100 jet broke up on impact and caught fire. Television footage showed the aircraft was almost destroyed. A formal investigation into the crash is under way. While the nationalities of the victims have not been confirmed, the South African government said three of its citizens had died in the accident. The International Rescue Committee , an American aid agency, said its senior reproductive health adviser in Congo, Dr Boubacar Toure, a Guinean, was also among the dead. The plane was operated and staffed by Airzena Georgian Airways . The company, which has been flying for the UN in Congo for three years, said its four crew members, all Georgians, had died, and expressed shock at the accident. The UN security council has sent its “deepest condolences” to the families of the victims. With 19,000 troops, the UN peacekeeping mission in Congo is the world’s largest, and is reliant on air transport as the road network is inadequate. Congo has one of the world’s worst aviation safety records, mainly because of the fleet of old and often poorly maintained aircraft that serve the civilian population. Democratic Republic of the Congo Plane crashes Air transport United Nations guardian.co.uk

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Ian Tomlinson inquest – live

PC Simon Harwood, the police officer who pushed Ian Tomlinson to the ground at the G20 protests two years ago, gives his second day of evidence at the newspaper seller’s inquest 10.13am: Harwood is being questioned by Alison Hewitt, counsel for the inquest. After the protester escaped (see below), Harwood said he was “seeking refuge” near Royal Exchange Buildings. He said there was “hostility” from protesters, so he put his back to the building and faced the crowd to create what he said was a “fighting arc”. This, he said, is a training term used to describe the tactic for keeping the public at arms length. Harwood said after the protester he tried to arrest had escaped, he still had his coat, which he was “swaying” to keep protesters away. 10.06am: Jury is back in the room. PC Simon Harwood has taken his seat on the witness stand. We’re off. 10.03am: Welcome to the Ian Tomlinson inquest live blog. I’m writing this from a seat in the courtroom, where everyone is expecting the next few hours to be the most dramatic of the 5-6 week hearing. Yesterday, PC Simon Harwood, the police officer who was captured in footage released by the Guardian striking Tomlinson with a baton and pushing him to the ground, began giving testimony. His opening remarks – in which he said he was here to “help” the family – caused some offence. But so far, the evidence has been limited to background information relating to incidents in the runup to his encounter with the 47-year-old newspaper seller near the Bank of England on April 1 2009. That will change today when we expect him to provide his justification for the alleged attack on Tomlinson. Proceedings were adjourned as Harwood gave evidence about his attempted arrest of a protester spraying graffiti on a van. This occurred around 20ft from Royal Exchange Buildings – the passage where he came across Tomlinson – and just a matter of minutes before. So we’re getting closer. The protester struggled free after his head struck a police van door, and Harwood was left isolated in what he described as a hostile crowd. He said: At the time, because he was becoming more aggressive, more hostile, I was starting to believe that this was getting out of control. I was aware there was a very hostile crowd and I was actually in fear for my life then from what was coming towards me. My colleague Sam Jones is here too today. You can follow our updates on Twitter – @paul__lewis and @swajones. Please do ask questions and point out where these updates require clarification too. Ian Tomlinson Protest G20 Police London Paul Lewis Sam Jones guardian.co.uk

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The anti-nuclear lobby has misled us all

I’ve discovered that when the facts don’t suit them, the movement resorts to

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Portugal edges closer to bailout

• Moody’s cuts debt to just three places above junk • Yields on five-year bonds hit 10% • Portugal must refinance €4.3bn of debt this month Portugal moved closer to the brink of a financial rescue package on Tuesday after Moody’s downgraded its debt, pushing its bond yields near to those of Ireland. Moody’s cut its rating on Portugal’s sovereign debt by one notch from A3 to Baa1, just three places above junk. It warned that Portugal is rapidly approaching the point where it will be unable to finance itself. “Moody’s believes that the government’s current cost of funding is nearing a level that is unsustainable, even in the short-term,” it explained. The agency had been expected to downgrade Portugal, following rival rating agencies Fitch and S&P, but the move focused attention on the country’s ability to keep resisting a bailout. The financial markets appear to have priced in a Portuguese bailout as a virtual certainty. Following the downgrade the yield, or interest rate, on Portuguese five-year bonds rose to around 10%, an unsustainably high level. Irish five-year bonds were trading around 10.25% on Tuesday. Last week Portugal admitted that it had missed its target for deficit reduction in 2010 . The country is also gripped by political uncertainty following the resignation of prime minister José Sócrates, whose austerity programme was rejected by the Lisbon parliament. A general election is scheduled to take place on 5 June. Moody’s predicted that the next Portuguese government will seek a rescue package from the European Union and the International Monetary Fund as a matter of urgency. Even before the nation goes to the polls, Portugal must refinance €4.3bn (£3.8bn) of debt this month, with another €4.9bn coming up for renewal in May. It had managed to sell bonds this year, but only by agreeing to pay much higher yields than usual. At Baa1, Moody’s still has a higher rating on Portugal than S&P, which slashed its rating to the brink of junk status in March. Moody’s, though, kept Portugal on negative review, meaning further downgrades are possible. European debt crisis Europe Portugal Ireland Graeme Wearden guardian.co.uk

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PM in Pakistan to discuss security

Cameron visits Islamabad in effort to improve relations with Pakistan and foster better co-operation in fight against terrorism David Cameron has taken a diplomatic gamble by pressing the “reset button” on his fraught relations with the Pakistan government telling the country’s president, Asif Ali Zardari, at a series of meetings in Islamabad that he wants to work with Pakistan’s security forces to fight the threat of terrorism. A year ago Cameron put British relations with Pakistan in the deep freeze by claiming its leadership was facing both ways on terrorism, remarks that caused huge anger across the Pakistan government, military and intelligence services. During his one-day make-up visit, accompanied by his most senior defence and security officials, Cameron offered Zardari £650m in aid to spread education, extended unprecedented intelligence co-operation and set up a joint “centre of excellence” in Pakistan to exchange knowledge on how to counter improvised explosive devices, the weapon of choice of terrorists in both Pakistan and Afghanistan. He also sought to reassure his hosts that he does not see India as Britain’s preferred partner in the region, saying instead he wants to see trade between Pakistan and the UK rise from £1.9bn to £2.5bn by 2015. The aid for education worth £650m over four years will go to train 9,000 teachers, purchase 6m new text books and build 8,000 schools. The scheme has been organised by Michael Barber, the former head of Tony Blair’s public services delivery unit. There are 17 million children in Pakistan not in school, including 7 million primary school age children. The money will make Pakistan the biggest single recipient of UK aid. In what represents a remarkable turnaround, British officials state they are convinced that the growing internal Muslim terrorist threat inside the country has led the leadership of the Pakistani intelligence services, the ISI, to take a tougher role in combatting both the Pakistan Taliban, and al-Qaida. Both Sir Peter Ricketts, the national security adviser, Sir David Richards, the chief of the defence staff, and Sir John Sawers, head of overseas intelligence, are accompanying Cameron, and were in Islamabad only a month ago to prepare the ground for what is being billed as an enhanced security dialogue. At the lunchtime talks, Zardari brought his intelligence and defence chiefs. Around half all terrorist cells operating in Britain originate from Pakistan, the British intelligence services believe. Britain and the US have for years been frustrated at the way in which the ISI have maintained such close relations with the Taliban in Afghanistan. British officials indicated that they will be asking the Pakistan military as diplomatically as possibly when they plan to enter North Waziristan, the tribal heartland and sanctuary from which many terrorist groups operate. Both British intelligence and the CIA believe North Waziristan to be the region where most of the suicide bombings inside Pakistan and cross-border attacks on US-led foreign and Afghan forces are organised. The Pakistan army has taken big losses as a result of cleaning out other Federally Administered Tribal Areas, and seems to be holding back from tackling North Waziristan, partly due to striking a peace deal with extremists. Pakistani troops moved into South Waziristan in 2009. Pakistan says with 120,000 troops in the field, it lacks the military capacity at present to lead an assault on a mountainous area that might lead to a mass of refugees. In the absence of troops on the ground, Britain supports the deadly use of US unmanned drones to bomb terrorist targets in the area, a practice that is regularly denounced by Pakistan politicians as counterproductive, in breach of their sovereignty and leading to the death of innocent people. Between 2007 and 2011, about 164 drone strikes had been carried out, killing more than 964 militants. In Pakistan overall 3,000 civilians are thought to have lost their lives in terrorist attacks such as suicide bombings in the past year. Cameron’s officials say nevertheless they are working to build a different, broader long-term partnership with the Pakistan government in what is described as a “less transactional relationship” between the two countries. “We are not just coming with a set of immediate demands, but also listening about the risks they face and their own security problems. It is about building trust,” said one. Britain also thinks it is crucial to foster a better internal relationship between the military and politicians in a country that only returned to a shaky form of democracy three years ago. The danger for the British is if its new-found faith in the ISI proves to be unfounded, or that Pakistan is playing a waiting game until 2015, the deadline by which UK troops will leave Afghanistan. Cameron’s aides are buoyed by signs that Pakistan wants to do more to foster a political settlement in Afghanistan, and build better relations with India. Cameron opened his visit by seeing Pakistan’s national mosque, the Faisal masjid, the largest mosque in South Asia, and constructed with the help of Saudi money. He was accompanied by Lady Warsi, the Muslim cabinet member. Pakistan Foreign policy David Cameron Global terrorism UK security and terrorism Terrorism policy Afghanistan Patrick Wintour guardian.co.uk

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FA Cup semi-final tickets stolen

Police fear 900 tickets for upcoming Wembley clash stolen from Royal Mail van will be sold on black market Thieves have stolen 900 FA Cup semi-final tickets from Manchester City. The Royal Mail van that was carrying the tickets was targeted in Manchester on Friday. It is feared the tickets for the upcoming derby against Manchester United on 16

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