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The Power of the Press to comment "sub judice" (before a trial
has reached a verdict). Contempt of Court Act 1981 (see also the Newspapers)
Whilst I have been completing my research and writing this site, in April
2001, an £8 Million trial involving two Leeds United football stars
was dramatically halted after the Sunday Mirror published an article which,
the judge said, risked 'seriously prejudicing' the jury and which had 'derailed'
the course of justice. The trial was being held at Hull Crown Court with
the defendants being charged with causing grievous bodily harm with intent
and with affray relating to the alleged attack outside a nightclub in Leeds.
Under
the Contempt of court Act of 1981 so-called 'background' material, which
has not been heard by a jury, cannot be published until a trial is finished.
In
1856 the newspapers of the day, for months before the trial, published
material, almost every day, that would be likely to prejudice a jury. The
case was subject to an Act of Parliament which caused the case to be switched
to London and produced even more publicity. Reporters interviewed most
of the main witnesses and published damming statements and published accounts
of the so called 'Rugeley Tragedies', suspicious deaths that all cast doubt
upon Palmer's innocence.
The
Times Report of the Trial of William Palmer published in 1856 shows
that even the Attorney-General who was prosecuting Palmer commented, in
his opening speech, upon the fact that the details of the case had been
widely reported and discussed.
| Gentlemen
of the jury, the duty you are called upon to discharge is the most solemn
which a man can by possibility have to perform - it is to sit in judgment
and to decide an issue on which depends the life of a fellow human being
who stands charged with the highest crime for which a man can be arraigned
before a worldly tribunal. I am sure that I need not ask your most anxious
and earnest attention to such a case; but there is one thing I feel it
incumbent on me to urge upon you. The peculiar circumstances of this
case have given it a profound and painful interest throughout the whole
country. There is scarcely a man, perhaps, who has not come to some conclusion
on the issue which you are now to decide. All the details have been seized
on with eager avidity, and there is, perhaps, no one who is not more
or less acquainted with those details. Standing here as a minister of
justice, with no interest and no desire save that justice shall be be
done impartially, I feel it incumbent on me to warn you not to allow
any preconceived opinion to operate on your judgment this day. Your duty
- your bounden duty - is to try this case according to the evidence which
shall be brought before you, and according to that alone. You must discard
from your minds anything that you may have read or heard, or any opinion
that you may have formed. |
He
was surely asking an impossible task of the jury all of whom must have
been
aware of much of the sensational publicity surrounding the case.
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