News (Media Awareness Project) - UK: Minister in Drug Scandal 'Wants to Reveal Identity' |
Title: | UK: Minister in Drug Scandal 'Wants to Reveal Identity' |
Published On: | 1998-01-02 |
Source: | The Independent (UK) |
Fetched On: | 2008-09-07 17:43:03 |
MINISTER IN DRUG SCANDAL 'WANTS TO REVEAL IDENTITY'
The minister whose son was allegedly caught dealing in drugs has spoken of
his frustration at being legally barred from revealing his identity.
Michael Streeter, Legal Affairs Correspondent, looks at the legal confusion
over the case.
The Sun newspaper said yesterday that it would not appeal against an
injunction won by the Attorney-General preventing it from naming the
17-year-old.
But the Cabinet minister said he was frustrated that he was prevented in
law from going public about his predicament.
In an interview with the Mirror today, he said he had prepared a statement
before taking his son to the police but then found he was legally bound to
remain anonymous after the youth was arrested.
"I want to talk about this in public and reveal my identity but I have been
told I can't. Lawyers have said I haven't got any choice. I'm not in any
doubt about that," he said.
"That is obviously very frustrating because I am not the sort of person who
normally avoids confronting issues like this publicly." He added that he
had asked that his son be treated no differently from anyone else.
He also said that the arrest of the reporter who broke the story, Dawn
Alford, was nothing to do with him. "They [the police] make their own
decisions and that's always the way the police operate. It would be
outrageous if politicians were to interfere in who was arrested."
On Tuesday evening, Mr Justice Moses granted the Attorney-General, John
Morris QC, an injunction banning the Sun from publishing the name of the
minister's son. He ruled that while the Children and Young Persons Act 1933
protecting a juvenile's identity in court proceedings did not apply, under
the law of contempt publication could prejudice a trial, add to the burden
of any sentence and wrongly stop the trial judge banning publication of
identity during the case.
Dan Te, a media specialist at solicitors Lovell White Durrant, said the
ruling "strained" the law of contempt. Walter Greenwood, editor of
Essential Law for Journalists, praised the integrity of the
Attorney-General, but said the injunction "gave the appearance of double
standards".
Some observers saw the Sun's failed attempt to publish the name as a ploy
to draw attention from the rival Mirror, which ran the story before
Christmas.
Tim Ross, the legal spokesman for the Sun, said: "We felt we had good legal
grounds to name the minister but we have decided that arguments on both
sides were thorough and the judge took time to consider his judgement."
Paul Cavadino, principal officer of the National Association for the Care
and Resettlement of Offenders, defended the injunction, adding: "It is
important to remember that the anonymity rule exists to protect juvenile
defendants, not to protect their parents from embarrassment.".
The Tory spokesman on home affairs, Sir Brian Mawhinney, said the case had
become a "slow torture process" for the cabinet minister's family.
Meanwhile, Acting Metropolitan Police Commissioner Sir Brian Hayes has
rejected claims of political pressure. Ms Alford's arrest was part of
normal police practice and had not been ordered by the Crown Prosecution
Service, although they had been consulted as was standard in such cases.
The minister whose son was allegedly caught dealing in drugs has spoken of
his frustration at being legally barred from revealing his identity.
Michael Streeter, Legal Affairs Correspondent, looks at the legal confusion
over the case.
The Sun newspaper said yesterday that it would not appeal against an
injunction won by the Attorney-General preventing it from naming the
17-year-old.
But the Cabinet minister said he was frustrated that he was prevented in
law from going public about his predicament.
In an interview with the Mirror today, he said he had prepared a statement
before taking his son to the police but then found he was legally bound to
remain anonymous after the youth was arrested.
"I want to talk about this in public and reveal my identity but I have been
told I can't. Lawyers have said I haven't got any choice. I'm not in any
doubt about that," he said.
"That is obviously very frustrating because I am not the sort of person who
normally avoids confronting issues like this publicly." He added that he
had asked that his son be treated no differently from anyone else.
He also said that the arrest of the reporter who broke the story, Dawn
Alford, was nothing to do with him. "They [the police] make their own
decisions and that's always the way the police operate. It would be
outrageous if politicians were to interfere in who was arrested."
On Tuesday evening, Mr Justice Moses granted the Attorney-General, John
Morris QC, an injunction banning the Sun from publishing the name of the
minister's son. He ruled that while the Children and Young Persons Act 1933
protecting a juvenile's identity in court proceedings did not apply, under
the law of contempt publication could prejudice a trial, add to the burden
of any sentence and wrongly stop the trial judge banning publication of
identity during the case.
Dan Te, a media specialist at solicitors Lovell White Durrant, said the
ruling "strained" the law of contempt. Walter Greenwood, editor of
Essential Law for Journalists, praised the integrity of the
Attorney-General, but said the injunction "gave the appearance of double
standards".
Some observers saw the Sun's failed attempt to publish the name as a ploy
to draw attention from the rival Mirror, which ran the story before
Christmas.
Tim Ross, the legal spokesman for the Sun, said: "We felt we had good legal
grounds to name the minister but we have decided that arguments on both
sides were thorough and the judge took time to consider his judgement."
Paul Cavadino, principal officer of the National Association for the Care
and Resettlement of Offenders, defended the injunction, adding: "It is
important to remember that the anonymity rule exists to protect juvenile
defendants, not to protect their parents from embarrassment.".
The Tory spokesman on home affairs, Sir Brian Mawhinney, said the case had
become a "slow torture process" for the cabinet minister's family.
Meanwhile, Acting Metropolitan Police Commissioner Sir Brian Hayes has
rejected claims of political pressure. Ms Alford's arrest was part of
normal police practice and had not been ordered by the Crown Prosecution
Service, although they had been consulted as was standard in such cases.
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