Monday 7 February 2011

Gagging Orders: Not Just For Footballers Playing Away…

The last few weeks has seen a rise in gagging orders - mainly for footballers who've been explaining the offside rule to scantily-dressed ladies (probably) - as chronicled by The Grim Reaper.

But some have been a little more puzzling:
The Daily Echo has been banned from publishing any details of four men arrested in connection with the death of a man in the Moordown area of Bournemouth.
This is despite the fact that the police had already released some details of the case anyway:
Magistrates imposed an order under Section 4 (2) of the Contempt of Court Act 1981 during a hearing in Bournemouth yesterday morning.

It means no details of names, addresses, ages or charges faced by any of the four men - or details of the deceased - can be published. Details of how the victim died are also being withheld.

The order was made despite some of the details surrounding the incident having already been published after being released by Dorset Police over the weekend.
And this isn’t the only odd thing, either:
In a separate hearing, East Dorset District Coroner Sheriff Payne opened and adjourned an inquest into the death of a man yesterday. But, in an unusual move, he declined to release details of the deceased after being requested not to do so by the police.
Is there a clue anywhere here as to what’s going on, and why?
In a statement, chairman of the magistrates' bench Mr Howard Mackenzie-Cook said: "We are satisfied that it is necessary to make an order postponing the publication of the details of this case.

"We are making this order to prevent substantial prejudice to the administration of justice. The victim's family abroad have not been notified. If the details were to be published the police have information to show that serious violence may result within the Kurdish community to which the defendants and the victim belong.

"There may also be a serious impact on the evidence and the safety of the defendants before us.

"The period of the order is for 48 hours and this short period of time would be sufficient to enable the police to secure their position in relation to their fears in this case."
Ah. Right.

I await the passing of 48 hours with interest…

Update: It didn't even take that long. The newpaper's lawyer got the order overturned:
A 28-year-old man has appeared in court charged with the murder of 20-year-old Kewen Khorsheed in Moordown.

Mahmud Ibrahim Bakir appeared before magistrates on Monday but a court order banned the Daily Echo from identifying the victim, charges or defendants in the case, initially for 48 hours.

The order was lifted at 2pm on Tuesday following objections made by the Daily Echo to the legality of the order.
He's not alone either:
Bakir is also charged with violent disorder, together with Nihad Assad, Zeravan Mohammed Natheef and Ali Mohammed Sagivan, also on January 27.

Factory worker Ali Mohammed Sagivan, 24, of Norwich Road, Bournemouth is accused of causing grievous bodily harm with intent to Mahmud Bakir and is also accused of the joint violent disorder charge.

Zeravan Mohammed Natheef, a 20-year-old car wash worker of Portchester Place, Bournemouth, faces the same two charges as Sagivan and Nihad Assad, 23 and unemployed of Shelbourne Road, Bournemouth, faces one charge of violent disorder.
How wonderfully diverse and vibrant Moordown Road must be...

10 comments:

gildas said...

So surprising. Wouldnt want people to think that some communities engaged in knife crime would we

Jack Savage said...

Love your blog...but what exactly is your point here?
It looks to me like you are in danger of slipping into xenophobia, if that is the right term for fear/dislike of people with "funny" names.

JuliaM said...

I could care less how 'funny' their names are, only that once again, the state seeks to brush unpleasant truths under the carpet by keeping details from the media that have, in some cases, already been publicised by the state's agents themselves...

JuliaM said...

And xenophobia is an irrational fear of foreign things.

Is there something irrational about not wishing to see the legal system collude to withhold information from the media that may prejudice the myth of multi-culti?

The Grim Reaper said...

In the case of my own posts about sportsmen getting injunctions to prevent their infidelities getting out, it's rather more straightforward. It's normally either to do with protecting the family from the media spotlight, or to do with protecting sponsorship contracts.

In this case, no such factors apply. I'm not convinced that the fact they all have foreign names has anything to do with the gagging order, but it does look decidely odd. Questions must be asked. But inevitably, answers won't be forthcoming from our legal system.

Budvar said...

Reaper lad what you mean "Not convinced"?
I'm 110% certain that's the reason why.

When a crime has been committed by a white straight male, it's Police are searching for a white male in his mid 30s, close cropped hair, brown eyes, tattoos on both arms, wearing blue jeans and a lumberjack shirt, argyle socks, fila trainers and breath that smelled of stale beer and sausages.

When not male white and straight, it's Police are searching for a person in jeans and a T-shirt.

Any arrests it's always John Smith of 26 Carlyle Rd, married father of 2, and a dodgy looking fucker we've been after for some time. Unless of course you happen to be a protected species it's then 2 people are helping police with their enquiries.

It's so blatant in fact that every time scant details are reported it's guaranteed the suspect to put it colloquially "Has a funny name".

If anyone doubts me then I challenge you to find a case to the contrary.

Anonymous said...

Funny names? I expect in some quarters Jack is a funny name.

The truth is that of course there will be crime among groups, especially as we have invited hundreds of thousands of people from various groups into this country (some of who stay resolutely in their groups). But, as part of our society, they have to be treated just the same as everyone else.

If we are hiding "funny names" to protect a political ideal rather than a person, then it has to be exposed as such.

I also presume these men of whatever name have full rights to the due process of law in this country. The law has to work for all, or there is little point in having it.

Anonymous said...

There is another dimension here beyond the usual MONA one - a fear that "serious violence may result within the Kurdish community" - i.e. revenge killings. Like the Albanians and the pre-Christian Vikings, the Kurds maintain the tradition of the blood feud or vendetta - if a member of your clan is murdered by a member of another clan, you and your relatives retaliate by murdering any convenient member of the other clan... and so on, potentially, for generations.

Budvar said...

anon13:26, I agree entirely, and it's beyond any shadow of doubt it's to protect a political ideal.

anon14:37 I see, so what would you suggest, trying them as Mr X, Y, and Z?

JuliaM said...

"Wouldnt want people to think that some communities engaged in knife crime would we"

Perish the thought!

"But inevitably, answers won't be forthcoming from our legal system."

It's unlikely, unless it's picked up by one of the big dailies, but at least on this occasion, the paper's lawyer got it overturned.

I wonder how many other such incidents go unreported?

"It's so blatant in fact that every time scant details are reported it's guaranteed the suspect to put it colloquially "Has a funny name"."

Indeed. Which seems to not quite stack up against the desire in some circles to have accused rapists named 'so other victims or witnesses can read it and come forward', doesn't it?