Day 312 - 11 Dec 96 - Page 25
1 Sunday Times case.
2
3 MR. JUSTICE BELL: Which Sunday Times case?
4
5 MS. STEEL: I remember speaking about this case before, but
6 I cannot actually remember the reference for it. I will
7 try and find it.
8
9 MR. JUSTICE BELL: Yes.
10
11 MS. STEEL: I think it is referred to in the Thorgeirson case
12 that is just about to be referred to, and I have a copy of
13 that to hand up.
14
15 MR. JUSTICE BELL: In the what case?
16
17 MR. MORRIS: The one under the paragraph below, the Thorgeirson
18 case which we are going to hand up anyway in a minute.
19
20 MS. STEEL: No 12. On the facts of this case it is submitted
21 that the right to free speech enshrined in article 10
22 requires the court to disapply the rule that in order to
23 make out the defence of justification a Defendant must
24 prove the substantial truth of every material fact because
25 the Defendant's task would otherwise be unreasonable if not
26 impossible for the reasons set out above, see Thorgeirson v
27 Iceland (14 European Human Rights Reports, 843).
28
29 Any other course is likely to discourage open discussions
30 on matters of public concern.
31
32 If I hand up copies of it.
33
34 MR. JUSTICE BELL: Yes (handed).
35
36 MS. STEEL: I am not going to read out substantial parts of it
37 but I just wanted to-----
38
39 MR. JUSTICE BELL: Yes.
40
41 MS. STEEL: This case is about an Icelandic citizen and writer
42 who published two articles in a daily newspaper in Iceland
43 in which he made allegations of brutality against the
44 Reykjavik police force and he was found guilty of criminal
45 defamation of unspecified members of the Reykjavik police
46 force and was fined.
47
48 I just wanted to refer to some parts on page 844, which is
49 the second page. I cannot actually... I am sure I have
50 read something about the Times report somewhere, the Sunday
51 Times report, either in here...
52
53 MR. JUSTICE BELL: It comes.
54
55 MS. STEEL: I cannot remember where it is.
56
57 MR. JUSTICE BELL: If it comes to mind, by whatever route, let
58 me know what the reference is.
59
60 MS. STEEL: Right.
