Made on Behalf of: Surname and Initials: Statement Number: Initials and Number of Exhibits: Date Stair:went Made:

Second Defendant M Fenwick First Mt: 1-8 30 November 2017

IN THE HIGH COURT OF JUSTICE

CLAIM NO: HC-2016-002849 CHANCERY DIVISION

BETWEEN:

SIR CLIFF RICHARD, OBE Claimant

AND

(1) THE BRITISH BROADCASTING CORPORATION

(2) THE CHIEF CONSTABLE OF SOUTH YORKSHIRE POLICE

Defendants

WITNESS STATEMENT OF MATTHEW FENWICK

I, Detective Superintendent Matthew Fenwick, care of South Yorkshire Police,

Carbrook House, Carbrook Hall Road, Sheffield, S9 2EH will say as follows:

1. I make this statement on behalf of the Second Defendant. Save as where

otherwise stated I make this statement from matters within my own

knowledge which are true to the best of my knowledge and belief.

2. I make this statement in relation to a claim brought by the Claimant

against the First Defendant in relation to alleged breaches of his privacy

arising from media coverage of a search of his property which was

conducted by the Second Defendant's officers on 14 August 2014.

In March 2014 officers from the Metropolitan Police Service's Operation

Yewtree team approached South Yorkshire Police ("SYP") and provided

details about an allegation against Sir Cliff Richard of historic sexual

abuse involving a child. I did not have any direct contact with Operation

Yewtree and I was briefed about the allegation by Detective Chief

Inspector (MCI") Dave Stopford in my capacity as the head of public

protection at SYP. I remembered from my own knowledge the event at

Bramall Lane where the allegation was said to have occurred and that it

had taken place before I joined SYP on 7 September 1987.

1

At this time I understood that the Operation Yewtree team intended to

pass to SYP the investigation into Sir Cliff Richard. When Operation

Yewtree received a single allegation, or allegations, which occurred in

another force's area of operation it was common for the investigation to

be transferred to that other force.

5, After I had been briefed by DCI Stopford I briefed Assistant Chief

Constable Jo Byrne verbally so that she was aware of what was going on.

I also briefed Carrie Goodwin because of the high profile nature of the

investigation. David Crompton received briefings as well and I had some

informal conversations with him about the investigation. The briefings

were verbal in order to maintain confidentiality at this early stage of the

investigation.

6, There was some further contact with Operation Yewtree but the

investigation did not pass over to SYP immediately as it was agreed that

they would make some further enquiries before a decision was made

about which force would take on the investigation.

I recall that towards the end of May or early June it was decided that SYP

would be the lead agency. Two of my officers, Claire Mayfield and Rob

Platts, went to Operation Yewtree and collected the files and exhibits and

began to run the investigation. The investigation was not run by a Senior

Investigating Officer and I did not assume this role. Rob Platts was

allocated as the Officer in Charge of the investigation. The investigation

was assigned the name Operation Kaddie. The Operation Kaddie team

kept me up to date with further verbal briefings as they progressed with

their review of the papers; I did not review the papers myself. At this point

the SYP investigation was at a very early stage.

8, In early July I was contacted by Carrie Goodwin who explained to me that

she had been contacted by a BBC journalist called Dan Johnson who was

aware of the full facts of the allegation and that the investigation had

come to SYP from Operation Yewtree, The thought of the investigation

being reported in the media worried me because it was sure to attract a

lot of attention. There was still a lot of work to do and media attention

could cause problems. By this stage the investigation team was

considering a search of Sir Cliff Richard's property which was believed to

be in Surrey at an address provided to SYP by Operation Yewtree but

there was still work to do before that could go ahead.

9. I cannot be sure but I may have suggested to Carrie that she speak to the

senior command team about this. I later received an email from Carrie

dated 11 July 2014. I understood from this email that Carrie had spoken

with David Crompton about the contact from Dan Johnson and that David

had given direction about how to deal with this. My reading of the email

was that David did not want the BBC to travel with SYP on the execution

of any search warrant but that he had agreed that the BBC could be

briefed about any such planned activity before it took place. The emails

also stated that she had attached a draft statement but there was nothing

and so I emailed her back to point this out. I also referred to another job

we were liaising about, the investigation into the disappearance of Ben

Needham. These emails are exhibited to this witness statement as

"Exhibit MF1".

10. A couple of days later Carrie emailed me with a draft 'if asked' statement

which could be provided to the media after the search of Sir Cliff Richard's

property. I replied to her and asked her to let me know if she needed 'a re

interview'. I am not sure what I am referring to here but it is fair to assume

that it was something related to media work. I commented that I was not

touting for business because I generally try to avoid media work but it is

sometimes a necessary part of the job. This exchange of emails is

exhibited to my statement as "Exhibit MET'

11. On 14 July 2014 Carrie asked me if I would take part in a pre-recorded

interview with the BBC on 15 July 2014. I refused this request because

did not want to do this but I agreed that I would attend a meeting with Dan

Johnson on the same date where we would discuss Sir Cliff Richard.

was apprehensive about the meeting and would have preferred not to do

it but from my point of view I just wanted to listen to what Dan Johnson

had to say given what Carrie had told me about his knowledge of the

investigation.

12, Carrie and I met with Dan Johnson in Carrie's office on 15 July 2014. Dan

Johnson told us that he had got his information from Operation Yewtree.

He told us that he knew about the investigation into Sir Cliff Richard and

that this had passed from Operation Yewtree to South Yorkshire Police.

He then went on to tell us what he knew about the allegation which was

that it involved an allegation of sexual assault against a boy aged

between 12 and 14 years old at a Billy Graham event at Bramall Lane in

the 1980s. I recall that he asked me why SYP were investigating and not

Operation Yewtree. I explained that the allegation against Sir Cliff Richard

was a single strand investigation of an allegation said to have taken place

in South Yorkshire. He also mentioned that Sir Cliff Richard was linked to

the Elm Guest House. I was aware generally of allegations concerning the

Elm Guest House because they were in the public domain. I did not know

prior to the meeting that allegations had been made linking Sir Cliff

Richard to the Elm Guest House.

13. Dan Johnson clearly stated that he had got his information from Operation

Yewtree. When I left the meeting I was under no illusion that his

information had come from a police source. He explained to us that he

was ready to publish an exclusive story about the investigation and

wanted a comment from us. I accepted that he was ready to publish a

story because of where he said he had got his information from. Carrie

declined his request for a comment.

14. We explained to him that we did not want him to publish a story because

the investigation was at an early stage and we were not ready to take

certain steps at this time. We explained to Dan Johnson that we were

considering conducting a search of Sir Cliff Richard's UK property on 6 or

7 August 2014 and Dan Johnson asked if he could come on the search

warrant. Again, we declined this request.

15. It did not seem as though it would be possible to stop Dan Johnson from

reporting the story altogether but I was very concerned that if he reported

it now, as he said he was ready to, then the investigation would be

prejudiced. In particular, publishing a story could cause problems with a

search warrant which we were not ready to do yet. At the back of my mind

I was thinking that it would not only compromise the investigation but

could also compromise Sir Cliff Richard by exposing him to allegations

potentially giving him the opportunity to dispose of evidence. If reported,

the story was likely to be very high profile and the attention could have a

negative impact on the victim.

4

16, I have been shown a copy of Dan Johnson's note of the meeting on 15

July 2014 and a subsequent account of the meeting that he provided to

Malcolm Balen by email on 18 August 2014. The information contained in

that note appears to be a summary of the information he provided to us

and the information that we gave to him about the search. I do not recall

saying to him during the meeting that Sir Cliff Richard was unlikely to be

charged butt was seeking to downplay the investigation.

17. I do not remember discussing Mark Williams Thomas or that there would

be team of 10 SYP officers attending the search. At this stage the

investigation team had not begun to consider that kind of detail and I

probably wouldn't have been involved in discussing that level of detail with

them. I note that in the account of the meeting on 18 August 2014 Dan

Johnson refers to discussion about Sir Cliff Richard's property and

whether it would be possible to get good pictures. I do not recall this but I

was not there for the whole of the meeting and cannot say what was

discussed after I left.

18. Carrie explained to Dan Johnson that SYP would be prepared to give Dan

Johnson the date and location of the search of Sir Cliff Richard's property

if he would agree not to publish the information he had got from his

source, Dan agreed that he would keep the story to himself.

19.. During the meeting Dan Johnson spoke to me in a way that suggested we

were mates. I can't remember ever having spoken to him before this but I

accept that I might have done in connection with any of the other media

appeals I have been involved with.

20. Two days after the meeting I made a short note of the meeting in my

daybook which I exhibit as "Exhibit MF3". On 15 August 2014 after I had

spoken to Dan Johnson and he had denied that his source was Operation

Yewtree I made a further, more detailed note of the meeting in my

daybook, which I exhibit as "Exhibit MF4"

21. After we had finished discussing the investigation into Sir Cliff Richard I

left the meeting and I assume that Carrie and Dan Johnson discussed

other matters. I was called back into the meeting later when they were

discussing the investigation into Barry Dodson, the Mayor of Rotherham.

That investigation was also in its early stages and I did not feel

comfortable discussing it with a journalist when I did not know what I was

going to be asked to discuss. I did not answer his questions and left it to

Carrie. After the meeting I spoke with Carrie to check that Dan Johnson

would not be quoting me in respect of Barry Dodson investigation as I had

been careful not to answer his questions.

22.. have seen emails between Carrie and Dan Johnson which confirm that

Carrie asked me to clarify a couple of points in the days after the meeting.

I exhibit these emails as "Exhibit MF5". I note that Dan Johnson asked if

he could speak to the victim. I flatly refused this and there is no way I

would have facilitated access to the victim to any journalist. At this time I

also informed Carrie that the investigation team had established that the

UK address for Sir Cliff Richard provided by Operation Yewtree was not

current and that further enquiries would be needed to establish his current

address. I did not ask Carrie to pass this information on to Dan Johnson

but it was fair to assume that she would do so.

23.. 18 July 2014 was my last day at work before I left the country for two

weeks' annual leave. I returned to work on 6 August 2014. On the day I

returned to work the investigation team had established Sir Cliff Richard's

current address in the United Kingdom. We then obtained a search

warrant which would be executed on 14 August 2014. I spoke to Carrie on

7 August 2014 and told her this information.

24. A few days prior to the execution of the search warrant I was asked if I

would read a statement to the media if asked to do so. I agreed to do this.

25. On the day the search warrant was executed I was in SYP headquarters

at Carbrook House. I was in contact with the officers who were executing

the search warrant exchanging text messages with them and speaking

with them by telephone. I was asked to read a press statement which had

been prepared by SYP's press teani outside force headquarters. I think

that it was drafted by Joanne Wright I recall that the statement incorrectly

referred to allegations rather than a single allegation and I checked with

Joanne Wright that this had been corrected. I read this statement out to

the media on 3 occasions during the day.

26, Later on that day I was contacted by Carrie Goodwin who referred me to

a commentary on the BBC News website by a journalist called Danny

Shaw which claimed that the BBC's presence at the search was a

deliberate attempt by SYP to maximise publicity for the investigation. I

was angry about this because it was untrue and I made a number of

telephone calls to Dan Johnson because I wanted him to ensure that it

would be removed. I made contemporaneous notes of these

conversations in my daybook and they are exhibited as "Exhibit MF6".

When I spoke to Dan Johnson I recall that he agreed that Danny Shaw's

comments were misleading and that he would try and get the item

removed. During the calls he was so animated that I agreed that he was

doing what he could to get the item removed.

27, I spoke to Carrie a number of times about this and also exchanged text

messages with her which I exhibit as "Exhibit MF7". In the text

messages I suggest to Carrie that she tell the BBC that SYP would put

out a statement saying the BBC were tipped off by officers from Operation

Yewtree and that a complaint would be made to the BBC. The texts

reflect how angry I was about the Danny Shaw piece and were sent

before a decision was taken to complain to the BBC.

28. On 15 August 2014 I saw Dan Johnson outside or in the reception of

Carbrook House and he asked to speak to me. I declined his request. On

the same day I attended a Gold Group meeting, which was chaired by

Andy Holt, the Deputy Chief Constable. One of my actions form the

meeting was to speak to the Senior Investigating Officer at Operation

Yewtree. After this I spoke with DCI Mike Orchard, a member of the

Operation Yewiree team, and during the conversation I explained to him

that Dan Johnson had told me that his information had come from

Operation Yewtree. DCI Orchard suggested that I ask Dan Johnson

whether his source was from Yewiree or a source close to Yewtree.

29. After my conversation with DCI Orchard I went to speak to Dan Johnson

outside Carbrook House and 1 asked him if his source was a Yewtree

officer, a member of staff on the Yewiree investigation or someone close

to Yewtree. Dan Johnson denied that his source was Yewtree or that he

had ever said that his source was someone linked to Yewtree. This was

the first time he had said this. He was with a cameraman at this time and I 77

felt that this may have influenced his approach. After this I broke off the

conversation with Dan Johnson and I have not had any further contact

with him, I made contemporaneous notes of my conversations with Dan

Johnson on 15 August 2014 which are exhibited to this statement as

"Exhibit MF8".

STATEMENT OF TRUTH

I believe that the facts stat d in this Witness Statement are true.

Signed: Dated:

S 0 - 11 • 201-7 Name:

IN1 4L

e

8

Claim No: HC-2016-002849

IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION

BETWEEN:

SIR CLIFF RICHARD, OBE

Claimant AND

(1)THE BRITISH BROADCASTING CORPORATION

(2) THE CHIEF CONSTABLE OF SOUTH YORKSHIRE POLICE

Defendants

WITNESS STATEMENT OF MATTHEW FENWICK

DWF LLP Scott Place 2 Hardman Street Manchester M3 3AA

DX: DX: 14313 Manchester

Tel: 01618380463

Ref: AYFI(RJN)/2018268-1

Solicitors for the Second Defendant