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.

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