Leveson evidence 'can be anonymous', rule judges

 

Three senior judges ruled today that some journalists can remain anonymous when giving evidence to the Leveson Inquiry into press standards.

They dismissed an action brought by the publisher of two newspapers.

Associated Newspapers, publisher of the Daily Mail and The Mail on Sunday, had said that its reputation could be unfairly tarnished by anonymous evidence which could not be fully tested or challenged.

Their challenge was against a ruling on the admissibility of anonymous evidence by inquiry chairman Lord Justice Leveson.

Lord Justice Toulson, Mr Justice Sweeney and Mrs Justice Sharp said in their ruling that it was not for the court to "micromanage the conduct" of the inquiry by its chairman.

In November, Lord Justice Leveson said he would be "prepared to receive anonymous evidence" after some journalists told him that they "feared for their employment" if what they said was attributed to them.

Associated Newspapers sought a judicial review of the ruling asking the judges to declare it unfair.

Lawyers representing Lord Justice Leveson, the National Union of Journalists (NUJ) and celebrities who have given evidence to the inquiry opposed Associated Newspapers' application.

Lord Justice Leveson said in his ruling: "The inquiry has been approached by a number of individuals, all of whom describe themselves as journalists working for a newspaper or newspapers either on a casual or full-time basis and who wish to provide evidence to the inquiry on the subject of the culture, practices and ethics of the press.

"Each has asked to provide this evidence anonymously and with such other protection that the newspaper or newspapers for which they work or have worked cannot identify them.

"It is clear that the picture which they wish to paint is not entirely consistent with the picture that editors and proprietors have painted of their papers and they fear for their employment if what they say can be attributed to them."

During the hearing of the application by Associated Newspapers, the three judges heard that around 20 journalists were due to give evidence later this month.

Mark Warby QC, for Associated Newspapers, questioned whether it would be fair to allow anonymous evidence which could not be fully tested or challenged.

He told the judges: "The concern is about untested evidence that will tend to tar Associated Newspapers with a broad brush."

In written arguments, he suggested that principles of fairness and open justice were at risk.

"The claimant objects to the decision in principle that certain witnesses should be anonymous, because they fear damage to their careers if they are named," he said.

"The essence of the challenge is that this is not a sufficiently weighty reason to outweigh the general principles of fairness and open justice."

He added: "Testing and rebuttal cannot take place when the evidence is given anonymously."

Robert Jay QC, for Lord Justice Leveson, said Associated Newspapers' application for judicial review was premature.

"On analysis, the chairman has determined in principle that his inquiry is prepared to receive anonymous evidence (as opposed to making a determination in principle that it would not)," said Mr Jay, in written arguments.

"The chairman has not determined whether such evidence should be received in any individual case: indeed, he has made it plain that before making such a determination the application would need to be accorded anxious scrutiny."

He said Lord Justice Leveson had to decide whether to hear evidence from a named witness or not hear the evidence at all.

"It is common ground that it is hugely preferable for the inquiry to take evidence from named witnesses than from anonymous ones," he added.

"However, the chairman is not making a choice between these two options - he has to choose between hearing this evidence from anonymous witnesses and not hearing it at all."

John Hendy QC, for the NUJ, said the journalists feared career prospects would be harmed if employers knew who they were.

Mr Hendy said it was in the public interest for such anonymous testimony to be allowed and told judges: "It is vital (Lord Justice Leveson) does have a balanced picture of what happens in newsrooms."

David Sherborne, who represents a number of high-profile figures involved in the inquiry, said it was of "the highest interest" to the public that as much evidence as possible was given about the "culture, ethics and practices" of the press.

He said: "If this evidence does not come out, this inquiry could be a waste of a lot of money."

Lord Justice Toulson, announcing his decision at the High Court in London, said the chairman had made a "positive decision in principle to receive anonymous evidence from journalists who wish to conceal their identity because of fear of career blight" - but that was a "general ruling".

He added: "When he comes to deal with individual applications for anonymity, he will scrutinise carefully what the witness says about his personal and professional circumstances and how far he thinks that the evidence will advance the purpose of the inquiry."

The judge said: "If the court ruled that the chairman could not lawfully admit evidence of the kind under consideration, and his report reflected that fact, the result would be that the inquiry would not have examined a raft of available evidence.

"There would be a cause for concern that in those circumstances the inquiry would have failed in a significant regard to achieve its terms of reference, and the credibility of its findings and recommendations would be lessened.

"It would be open to the criticism of not having heard the full story."

It had to be stressed that it was an inquiry and was not the same as a criminal trial or a disciplinary proceeding.

The judge said: "In determining where fairness lies in a public inquiry, there is always a balance to be struck.

"I am not persuaded that there is in principle something wrong in allowing a witness to give evidence anonymously through fear of career blight, rather than fear of something worse.

"Fear for a person's future livelihood can be a powerful gag.

"Nor am I persuaded that the chairman acted unfairly and therefore erred in law in deciding that on balance he should admit such evidence, subject to his considering it of sufficient relevance and being satisfied that the journalist would not give it otherwise than anonymously."

Lord Justice Toulson said: "The public interest in the chairman being able to pursue his terms of reference as widely and deeply as he considers necessary is of the utmost importance."

The issues being investigated by the inquiry affect the population as a whole.

He added: "I recognise that his ruling may cause damage to the claimant and other newspaper proprietors.

"However, such risk of damage will be mitigated to some extent (although not entirely, as I readily accept) by the fact that he will not use anonymous evidence to make specific findings against particular organisations.

"It is also important to recognise that the evidence in question will be part of a much wider tapestry and that it is open to the claimant and others to present balancing non-anonymous evidence."

He said: "I am not persuaded the chairman has reached an impermissible pre-judgment. He has reached a decision on a point of general principle and he has kept open more detailed scrutiny of individual cases."

How Lord Justice Leveson deals with individual anonymity requests "in the context of his general ruling and protocol" will be matters of "detailed consideration for him", which should not "forseeably give rise to further requests for judicial interference".

PA

Top stories
News in pictures
World news in pictures
UK news in pictures
UK news in pictures
More stories
       
Independent
Travel Shop
Lake Como and the Bernina Express
Seven nights half-board from £749pp Find out more
Dubrovnik and the Dalmatian coast
Seven nights half-board from only £859pp Find out more
Prague city break
Three nights from only £199pp Find out more
 
iJobs Job Widget
iJobs Media

Java Developer

£200 - £250 per day: Progressive Recruitment: Java Developer- £200-£250 London...

Social Media Specialist - Graduate Job Opportunity

£20,000 - £23,000: Co-Venture: This is an exciting opportunity to work for a v...

Graduate Trainee Opportunity – Executive Recruitment

£20,000 - £45,000 OTE: Co-Venture: Working on international markets without ge...

Graduate Trainee – Recruitment Consultant

£20,000 - £45,000 OTE: Co-Venture: Working for this company will give you a ch...

Day In a Page

'To farm I have to rape the countryside. It’s got to be wrong': The true effect of the badger cull

The true effect of the badger cull

'To farm I have to rape the countryside. It’s got to be wrong'
Theatre review: Daniel Radcliffe gives an admirably honest performance in Michael Grandage's The Cripple of Inishmaan

First night: The Cripple of Inishmaan

Daniel Radcliffe gives an admirably honest performance in Michael Grandage's comedy
Girls Guides drop religious reference but pledge to self and the Queen

Guides drop religious reference but pledge to self and the Queen

After 103 years, organisation changes oath to welcome 'all girls, of all faiths, and none'
Steve Tongue: Joe Kinnear was one of the boys and a breath of fresh air... 21 years ago

Steve Tongue

Joe Kinnear was one of the boys and a breath of fresh air... 21 years ago
Chris Froome: Free from 'pain in neck' after Bradley Wiggins' exit

Chris Froome: Free from 'pain in neck' after Wiggins' exit

Sky's lead rider says he is in fantastic form for the Tour and happy pecking order debate is over
Hannah England: I've got the right times – now to focus on the chess

Hannah England: Keeping Track

I've got the right times – now to focus on the chess
Beards, brawn and body art

Beards, brawn and body art

Meet London’s new batch of male models
Scandi-geeks descend on Nordicana for fan-convention

Scandi-geeks descend on Nordicana for fan-convention

British love of shows such as The Bridge, Borgen and The Killing shows no sign of fading
Behind the rhetoric what is really being done to combat desertification?

The Great Green Wall of Africa,

Behind the rhetoric what is really being done to combat desertification?
Laughter Inc: the cheering growth of the chuckle industry

Laughter Inc

The cheering growth of the chuckle industry
The bad science scandal: how fact-fabrication is damaging UK's global name for research

The bad science scandal

How fact-fabrication is damaging UK's global name for research
To the manor born: The female aristocrats battling to inherit the title

Female aristocrats battle to inherit the title

A passionate protest is gathering pace among the women of Britain's aristocracy, who believe that men should no longer automatically inherit the family pile and title.
Love struck: Photographs of JFK's visit to Berlin 50 years ago reveal a nation instantly smitten

In pictures: JFK's visit to Berlin in 1963

Photographer Ulrich Mack accompanied Kennedy on the entire trip. The results are an astonishing record of a watershed moment.
Eat shoots and leaves: Mark Hix gets creative with fresh peas, mangetouts and sugar snaps

Mark Hix gets creative with English peas

English peas and their offsprings, such as mangetouts and sugar snaps, are great tossed into a salad, says our chef.
Ceviche with a smile: Chef Martin Morales has turned South America's elegant cuisine into one of London's hottest food trends

Chef Martin Morales: Ceviche with a smile

Morales has turned South America's elegant cuisine into one of London's hottest food trends