THE STAR NEWSPAPER EDITOR, MR BRIAN HITCHIN, AND H

THE STAR NEWSPAPER EDITOR, MR BRIAN HITCHIN, AND HIS

EMPLOYERS, EXPRESS NEWSPAPERS, TOLD AN OLD BAILEY JUDGE TODAY

(MON) THEY WERE NOT GUILTY OF CONTEMPT OF COURT IN PUBLISHING A

PHOTOGRAPH OF THE WIFE OF THE ALLEGED RAILWAY MURDERER.

MR JUSTICE FARQUHARSON, WHO HAD BANNED THE TAKING OF

PICTURES OF MRS MARGARET DUFFY, DECIDED THAT THE MATTER SHOULD BE

DEALT WITH BY THE ATTORNEY GENERAL FOR POSSIBLE ACTION.

MRS DUFFY, ESTRANGED WIFE OF JOHN FRANCIS DUFFY, WHO

DENIES THREE MURDERS AND SEVEN RAPES, WAS PHOTOGRAPHED LAST THURSDAY

AFTER SHE HAD GIVEN EVIDENCE AT THE OLD BAILEY.

THE PICTURE APPEARED

IN THE STAR THE FOLLOWING DAY.

MR GEOFFREY SHAW, REPRESENTING EXPRESS NEWSPAPERS AND MR

HITCHIN, SAID THE DECISION TO PUBLISH WAS TAKEN IN MANCHESTER BY THE

NIGHT EDITOR, MR HILL, AND PICTURE EDITOR MR SUTHERLAND.

IT WAS NOT

MR HITCHIN’S DECISION ALTHOUGH HE ACCEPTED FULL RESPONSIBILITY.

COUNSEL TOLD THE JUDGE: ‘NEITHER MR HILL, NOR MR SUTHERLAND

NOR MR HITCHIN KNEW OF YOUR ORDER ON WEDNESDAY OR OF YOUR FURTHER

ORDER ON THURSDAY.

IF THEY HAD KNOWN OF THE ORDERS THEY WOULD HAVE

CHOSEN NOT TO PUBLISH THAT PHOTOGRAPH AND IN THOSE CIRCUMSTANCES THEY

REGRET THAT IT WAS PUBLISHED.

‘ALL THAT SAID, THEY, THROUGH ME, PLEAD NOT GUILTY TO

CONTEMPT OF COURT FOR THREE REASONS.

‘

THE FIRST REASON WAS THAT IT APPEARED MR JUSTICE FARQUHARSON

HAD BANNED THE TAKING OF PICTURES BUT HAD NOT BANNED PUBLISHING

PICTURES OF MRS DUFFY.

THE JUDGE, SMILING SLIGHTLY, INTERRUPTED TO REMARK: ‘THAT IS

NOT THE MOST ATTRACTIVE POINT I HAVE EVERY HEARD, MR SHAW.

WHAT

IS THE POINT OF MY PROHIBITING THE TAKING OF PHOTOGRAPHS IF THEY CAN

BE PUBLISHED.

‘

THE JUDGE SAID HE WAS VERY CONCERNED ABOUT PEOPLE BOTHERING

WITNESSES IN THE TRIAL AND ADDED: ‘I HAVE A WHOLE SERIES OF YOUNG

GIRLS COMING TO GIVE EVIDENCE IN THIS CASE AND IF THEY SEE THAT

PICTURE OF THE WIFE, WHAT EFFECT IS IT GOING TO HAVE ON THEM? THESE

ARE PRECAUTIONS I AM TRYING TO TAKE.

‘

MR SHAW: ‘NEITHER MR HITCHIN NOR MR HILL KNEW ANYTHING

OF.

.

.

.

.

‘

THE JUDGE: ‘IF THIS WAS SOME OBSCURE COURT IN CORNWALL I

MIGHT UNDERSTAND.

BUT THIS CASE HAS BEEN ON THE FRONT PAGES OF

NEARLY EVERY NEWSPAPER IN THIS COUNTRY.

‘

MORE

CENTRAL/CONTEMPT.

.

.

2

MR SHAW AGREED THAT THE INFORMATION ABOUT THE JUDGE’S ORDERS

SHOULD HAVE BEEN PASSED ON.

‘CERTAINLY SOMETHING WAS KNOWN IN LONDON BUT NOTHING WAS

KNOWN ABOUT THEM IN MANCHESTER,’ HE SAID.

HE HAD MADE EXHAUSTIVE INQUIRIES SINCE THE PICTURE APPEARED

AND NOW HAD ALL THE REPORTS BY THE PRESS ASSOCIATION OF THE CASE.

THESE REPORTS DID NOT MENTION ANYTHING ABOUT PHOTOGRAPHY ON WEDNESDAY

AND IT WAS NOT UNTIL 7.

10 PM ON THURSDAY THAT THERE WAS A REPORT

ABOUT A P.

A.

PHOTOGRAPHER BEING ARRESTED OUTSIDE THE OLD BAILEY FOR

TAKING PICTURES

‘WHAT IS ONE TO DO TO TRY AND PROTECT JUSTICE IN THESE

COURTS ?’ ASKED THE JUDGE.

‘ONE ASSUMES THAT WHEN THERE ARE A

LARGE NUMBER OF REPORTERS IN THIS COURT THAT THEY WILL GO AND TELL

THEIR EDITORS OF THE ORDERS OF THIS COURT.

‘

MR SHAW SAID HE REALISED THE MATTER MUST BE TAKEN FURTHER

AND SUGGESTED THAT THE RIGHT COURSE WAS TO REPORT THE MATTER OF

ALLEGED CONTEMPT OF COURT TO THE ATHORNEY GENERAL FOR HIM TO TAKE

SUCH ACTION AS HE CONSIDERED APPPROPRIATE.

THE JUDGE HAD EARLIER ANNOUNCED HE WOULD DEAL IMMEDIATELY

WITH ANY CONTEMPT OF COURT, BUT IN VIEW OF WHAT MR SHAW HAD SAID HE

WOULD REFER THE MATTER TO THE ATHORNEY GENERAL.

HE ACCEPTED A SUGGESTION BY MR SHAW THAT DETAILS OF HIS PAST

AND FUTURE ORDERS WOULD BE TYPED OUT AND PLACED OUTSIDE THE COURT.

ENDS