| The Dream Solution
- Articles |
01/08/95
- Murder case sisters lose fight against tabloid press
By Terence Shaw, Legal Correspondent
The Daily Telegraph
TWO sisters, whose murder convictions were quashed partly on grounds
of prejudicial reporting of their trial, yesterday lost their
attempt to have the offending newspapers prosecuted for contempt
of court. tTwo Divisional Court judges ruled that the decision
last year by the Solicitor General, Sir Derek Spencer,QC, not
to bring contempt proceedings against the newspapers was not open
to legal challenge by judicial Review.
Lord Justice Stuart Smith, sitting with Mr Justice Butterfield,
said that even if they had the jurisdiction to intervene they
would not have done so as the decision by the law officers was
neither "irrational nor unlawful". But Mr Justice Butterfield
said he had been "considerably troubled" by newspaper
coverage of the trial which seemed to him to have "crossed
the acceptable limits of fair and accurate reporting by a substantial
margin'.
It was the first case in which victims of prejudicial trial reporting
had sought to challenge the refusal of the law officers to bring
contempt proceedings against newspapers. The two judges said their
ruling that the Divisional Court had no jurisdiction to intervene
and review the law officers' decision raised an issue of general
public importance but they refused to grant the two sisters, Michelle
Taylor, 25, and Lisa Taylor, 22, leave to appeal to the House
of Lords.
Sensational and inaccurate reporting of their Old Bailey trial
was one of two grounds on which the Court of Appeal in 1993 allowed
appeals against their convictions for the murder in 1991 of Alison
Shaughnessy, a bank clerk who was the bride of Michelle's former
lover.
The case papers were referred to the Attorney General by the Court
of Appeal. But in June last year the Solicitor General, in the
absence of the Attorney, announced that it was not regarded as
an "appropriate case" to bring contempt proceedings
against the newspapers , which included the Sun, the Daily Mirror,
the Daily Express, and the Daily Mail. The two sisters then obtained
legal aid and the leave of a judge to challenge the Solicitor
General's decision, which they claimed was irrational and unlawful,
by judicial review.
After the judgment rejecting their application, their solicitor,
Mark Stephens, claimed the case was one of "great constitutional
importance". He said that the sisters would be seeking leave
from the law lords to appeal against yesterday's ruling.
Mr Stephens added: think that is something which in a modern society
unacceptable." |
| Contact : bernard.omahoney@bernardomahoney.com |
|
|
|
