Single word authorised Sachs row show

The former BBC Radio 2 boss Lesley Douglas authorised the Andrew Sachs row show with a single word on her Blackberry - "Yes".

The report into the affair released today by the BBC Trust also showed that David Barber, the station's head of specialist music and compliance thought the show was "very funny".

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He also told Douglas that Sachs was happy with the show, as he wrongly believed so himself. Both have since resigned.

Lifting the lid on how the chain of command led to Russell Brand's programme being aired, the report said that a "relatively inexperienced" producer was left to take routine responsibility for the programme.

He joined the BBC in 2004 and the Trust said he was "relatively inexperienced to take sole charge of a talented but challenging performer".

He was paid to act in accordance with the instructions of Brand's company Vanity Projects, while remaining a BBC employee.

"This was unsatisfactory and likely to lead to a conflict of interest," the Trust found.

Georgina Baillie's dance troupe the Satanic Sluts were mentioned on Brand's show which aired a week earlier.

The report said: "The producer recalls that, during the early part of the week that followed, he suggested to Russell Brand that Andrew Sachs might make a good guest.

"He says he did so because he knew Brand was a fan of Fawlty Towers.

"Brand agreed and Mr Sachs was invited to take part to talk about Fawlty Towers and his career thereafter...

"At the time, he (Sachs) told us he was aware of Russell Brand as an entertainer but was unfamiliar with his Radio 2 programme.

"He was also aware that his granddaughter was acquainted with Brand."

The programme was pre-recorded on October 15 and Sachs gave a mobile number to be reached on.

The producer told the Trust the interview was "principally to talk to Andrew Sachs about the character of Manuel, but at the meeting Russell Brand asked whether he should mention his association with Georgina Baillie.

"The producer told us he said it wasn't a good idea but that Brand said he might mention it in the programme, albeit not directly to Andrew Sachs. The matter was left at that."

About 10 minutes into the show, Brand began to mention Miss Baillie, saying: "The elephant in the room is what Andrew doesn't know is I've slept with his granddaughter."

The producer said he called Sachs twice and went through to voicemail and at the third attempt the voicemail was put through to the studio as "it was the programme's practice to put a humorous message on answering devices on-air when guests could not be reached".

As Brand began recording his message, guest Jonathan Ross interrupted: "He f***** your granddaughter."

The producer resolved to deal with the issues afterwards, despite being "shocked" at what Ross said, according to the report.

During the recording, Sachs briefly got through to the studio control cubicle but was not put on air.

The report said that according to the producer, once the show was over both presenters said they wanted the calls to Sachs left in "for their comic value".

The report added: "Jonathan Ross, for his part, said he made it clear to Russell Brand at the time that the material should be included only if both Andrew Sachs and Georgina Baillie consented.

"He said he checked with Russell Brand later and was reassured that both had agreed.

"It appears that Russell Brand did leave a voicemail message with Georgina Baillie which briefly described the message he had left for her grandfather and for which he was sorry."

While the programme was being recorded, Sachs had been recording a Sherlock Holmes mystery in which he played Dr Watson.

The report continued: "At a break for lunch he went with a fellow actor to a nearby cafe where they sat outside.

"He was expecting to be called by the Russell Brand programme which he mistakenly believed to be live.

"He told us he was alerted to a number of messages on his mobile phone and replayed them.

"The voicemail recording was not particularly clear and there was traffic noise where he was sitting.

"He gathered some of what was said and that it was about his granddaughter but did not hear Jonathan Ross say that Brand had 'f*****' her.

"In addition, not all the material about Mr Sachs and his granddaughter... appeared to have been recorded on his telephone.

"In particular he did not hear the song of 'apology'."

On October 16, the next day, the producer emailed Barber, saying: "Could I have a chat with you at some point today re: Russell's pre-record?"

The producer also telephoned Sachs. The report said: "no proper consent was obtained such as to justify transmission of the material in question".

The producer asked Sachs if he had heard the messages and Sachs said something to the effect of "they're a bit wild aren't they".

The producer recalled that Sachs agreed to the recordings being used saying words like: "Yes, as long as you tone it down a bit."

Sachs agreed the producer sought consent - but said he demurred. He recognised he did not do so on strong terms.

Sachs also agreed that the conversation went on to discuss his possible future appearance, which he understood to be instead of using the material already recorded.

The report said: "The producer did not check what Mr Sachs had actually heard on his voicemail, made no record of his conversation with Mr Sachs and no file note was made afterwards.

"Even if one accepts the producer's account, it remains clear that no proper consent was obtained.

"Consent in these circumstances would depend on ensuring that Mr Sachs was properly aware of what the programme intended to say about him and his family and what was to be edited out in order to tone it down.

"Nor could Mr Sachs consent on behalf of his granddaughter whose separate consent would also be required.

"However, other than a voicemail that Russell Brand is said to have left for Ms Baillie, no steps appear to have been taken to obtain informed consent from Ms Baillie."

On the same day the producer wrote for a second time to Barber, saying: "...(Andrew Sachs AKA Manuel is aware of it and happy - I spoke to him afterwards).

"The problem comes when Jonathan says that Russell 'f*****' Sachs' granddaughter...

"I would say take it out but it forms the crux of the call and is VERY funny...

"Russ and Jonathan both VERY keen to go for it."

He did not mention that Sachs asked for the material to be toned down.

The report said of the producer: "He says he was extremely uncomfortable about the material but at the same time felt he owed it to Vanity Projects to make its arguments for inclusion within the BBC."

Barber said he listened to the section of the programme twice and called the producer, who said he believed Sachs was content for the calls to be broadcast.

Barber emailed Douglas saying: "Jonathan uses the f-word 52 mins into the first hour in a sequence about Russell 'f******' Andrew Sachs granddaughter.

"They are speaking into Sachs's answer machine at the time, and it's very funny - there then follow more calls to the answerphone in the 2nd hour, again v funny.

"Having discussed it with (the producer) and listened to the sequence, I think we should keep in and put a 'strong language' warning at the top of the hour.

"I think it's editorially justified in the context and certainly within audience expectations for Russell's show and the slot.

"Certainly preferable to bleeping... Jonathan also apologises and Russell's shocked reaction is hilarious.

"Andrew Sachs is aware and happy with the results which were recorded his end for him to hear. Are you happy with this plan of action?"

The following day, October 17, the controller gave the go-ahead with the reply - "Yes".

She told the Trust the reasoning was she was informed Sachs was happy and that he had taken part in the programme.

She said she trusted Barber who had "never got it wrong before".

The Trust found the show breached compliance safeguards because it was not listened to in full before being signed off by a BBC executive and no compliance form was provided to the network ahead of transmission.