Opinion: “Courts and Controversy – consequences of the Jefferies contempt case” – Brian Cathcart
4 09 2011
The UK press may show more restraint in reporting of high-profile cases if contempt laws are vigorously enforced, says Brian Cathcart.
The next time there is a sensational murder — something on the scale of the Ipswich or Soham cases — you may notice something different about the media coverage. Reporters may show restraint of a kind that is not familiar. In fact, they might actually obey the law.
The Contempt of Court Act of 1981 prohibits all but the most straightforward reporting in a crime case from the moment “proceedings are active”, in other words once someone is arrested. The idea is to ensure that coverage does not interfere with the course of justice, for instance by prejudicing the eventual jury. But for years, when a big, competitive story came along, many editors and reporters in national media simply ignored the Act and continued to publish often grotesque allegations about a suspect after arrest and even sometimes after they were charged. Think Colin Stagg, Barry George, Karen Matthews and others — and Stagg and George were later shown to be innocent
https://inforrm.org/2011/09/04/opinion-courts-and-controversy-consequences-of-the-jeffries-contempt-case-brian-cathcart/
“The conviction of Barry George for the murder of the TV presenter Jill Dando was one of the biggest stories of last year. But did he really do it? On the eve of George's appeal, Brian Cathcart shows how flimsy the evidence against him was https://www.independent.co.uk/news/uk/crime/a-question-of-identity-183860.html
Panorama fronted by robber casts new doubt over Dando killer 4th Sept 2006The BBC faced new allegations of dumbing down Panorama last night after it emerged that a convicted robber is to present a programme questioning the guilt of Jill Dando's killer.
Raphael Rowe, a member of the so-called M25 Three, will tomorrow (tues) present a special hour-long edition of the flagship current affairs programme which casts doubt on the 2001 conviction of Barry George.
It will suggest that key forensic evidence - gunshot residue allegedly from the murder weapon which was found in his coat pocket - may have been contaminated by police officers who searched George's home prior to his arrest.
The programme will feature evidence from forensic and ballistics experts and is expected to question the testimony of witnesses who claim to have seen George lurking in the area of Miss Dando's home on the day she was gunned down outside her home.
It is thought it may also feature a secretly recorded interview with George, who is serving life for Miss Dando's murder and claim that, because of his mental state, he was unable to carry out such an audacious killing in broad daylight.
His family and lawyers claim the unemployed, celebrity-obsessed loner – a convicted sex offender – was the victim of a miscarriage of justice.
The BBC's decision to broadcast a programme which could ultimately help George clear his name has sparked a fierce debate in the organisation.
A number of prominent figures at the Corporation are said to feel 'uneasy' that Panorama is questioning the guilt of the man convicted of murdering popular BBC presenter Miss Dando in Fulham, south-west London, in April 1999.
And eye-brows have been raised that 37-year-old 'investigative reporter' Rowe has been handed the job of fronting such a sensitive programme.
Rowe was himself convicted of murder and spent 12 years behind bars before being sensationally cleared after the Appeal Court ruled his conviction was unsafe.
Rowe, from South London, had been jailed in March 1990 along with Randolph Johnson and Michael Davis.
They were found guilty of murdering hairdresser Peter Hurburgh, 57, in December 1988 and carrying out a series of violent robberies around the M25 in Surrey.
In July 2000 the murder convictions and those relating to the M25 robberies were dramatically overturned at the Court of Appeal.
Lord Justice Mantell ruled that the prosecution had failed to disclose links between police and a paid informant which undermined its case.
Undisclosed police logs also revealed uncertainties about the colour of the three men who carried out the raids.
However the judges who freed him said the evidence against Rowe remained 'formidable', saying their decision was 'not a finding of innocence, far from it'.
Rowe has a string of other convictions for robbery and theft, including one for malicious wounding.
Soon after being released from prison, Rowe began training as a BBC journalist and in September 2001 landed a job as an investigative reporter for Radio 4's Today programme.
His documentary on the Dando case is easily his highest-profile work yet at the BBC.
It is thought he has liaised closely with George's family and lawyers, who have referred his case back to the Criminal Cases Review Commission (CCRC), which has the power to refer the case back to the Court of Appeal.
They believe evidence at his Old Bailey trial, particularly on identification, was either flawed or should have been ruled inadmissible.
In 2002 the Appeal Court said the seven-week trial had been fair and there remained a compelling case against George, of Crookham Road,Fulham.
A particle of firearm residue had been found in George's coat and a fibre found on Miss Dando was consistent with an article of his clothing.
George had falsely denied being associated with firearms, had shown an obsession with Miss Dando and other female TV presenters, had lied to police and had given a flawed alibi statement.
What the jury did not know before convicting George by a majority verdict after five days was that the gun fanatic had been fixated with Princess Diana.
In January 1983 the former Territorial Army soldier tried to break into Kensington Palace, carrying a 12-inch hunting knife, 50ft of rope and wearing military- style uniform.
At the time he was subject to a suspended prison sentence for an indecent assault.
Nor was the jury told he had a previous conviction for attempted rape, another for indecent assault and more for impersonating police officers.
In July it emerged that Panorama could be cut to 30 minutes, renewing fears that the world's longest-running current affairs programme is being dumbed down.
The proposed changes are being championed by Peter Fincham, controller of BBC1, who is understood to be keen on making the show more 'accessible'.
https://www.standard.co.uk/news/panorama-fronted-by-robber-casts-new-doubt-over-dando-killer-7081769.html
