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Misconduct in public office: some good news



 
 
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Old November 29th 08, 12:31 AM posted to uk.legal
Mike Ross
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Default Misconduct in public office: some good news

From: http://news.bbc.co.uk/1/hi/uk/7739758.stm

"A former police officer, his son and two journalists have been cleared of
charges in connection with the alleged leaking of confidential information.

Det Sgt Mark Kearney, who was involved in the unrelated bugging of an MP's
prison visit earlier this year, was cleared of misconduct in public office.

His son, Harry, and journalists Sally Murrer and Derek Webb were cleared of
aiding and abetting misconduct.

The judge said the journalists' right to protect sources had been infringed.

Prosecutor Sir Alan Green QC said the Crown has decided against seeking leave to
appeal. "


I should bloody hope so.


"At one point during the proceedings Sir Alan Green said Mr Kearney's crimes
were not so much what he had allegedly leaked but his "potential" to leak more
serious information, a claim which Mr Kearney's counsel Samuel Stein described
as "Orwellian"."


Orwellian is an accurate description IMHO.



"Mr Justice Southwell said the journalists were both entitled, under Article 10
of the European Convention on Human Rights, to protect their sources.

Thames Valley Police had flouted the convention by raiding Mr Webb's premises
and authorising the bugging of Mr Kearney's car to discover if he was the source
of the journalists' information, the court heard.

Mr Justice Southwell said: "The protection of journalists' sources is a
cornerstone of the freedom of the press... which is so important for a healthy
and democratic society."


One might well say the same about MPs sources...


"Thames Valley Police said it was disappointed that the trial of Mark Kearney
was not going ahead but the judge had ruled any disclosure to journalists had to
be very serious, such as threatening national security, for a prosecution."


One might say the same about disclosures to MPs...


Mike
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http://www.corestore.org
'As I walk along these shores
I am the history within'
 




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