Content




It is inevitable that, being who I am, this blog will contain a fair bit of comment on legal matters, including those cases which come before me in court. However, it is not restricted to such and may at times stray ‘off-topic’ and into whatever area interests me at the time.

All comments are moderated but sensible and relevant ones, even critical ones, are welcome; trolling and abuse is not and will be blocked.

Any actual case that I have been involved in, and upon which I may comment, will be altered in such a way as to make it completely unidentifiable.





Thursday 2 January 2014

The Value of a Free Press

Newspapers come in for a good deal of criticism, not least for all the hoo-ah over phone hacking, but the value of a truly free press in ably demonstrated by the case of Asha Khan.

Asha Khan is a Muslim trainee solicitor with the family firm of KK Solicitors in Newcastle, and is of Pakistani origin.
When her father, who had been driving without a licence for the past 18 years and had three convictions for so doing, was caught by a speed camera while driving Asha Khan's BMW she lied about who was driving, laying the blame on a colleague who worked for her.
Charged with perverting the course of justice, à la, Vicky Price, her barrister argued in court for her to be granted anonymity, a request granted by Judge Peter Hughes at Carlisle Crown Court for "cultural reasons," in that Asha Khan would be  "upset if matters are reported"  and that "culturally, it's very difficult for them (Pakistani Muslims)to say things in public". 
Well it seems to me that being upset at being exposed as a liar is par for the course, and one supposes that, as a solicitor, saying things in public would go with the territory.

Nevertheless, because of Judge Peter Hughes bizarre ruling, effectively saying that Pakistani Muslims should be given special treatment, there the matter may have rested but for the actions of the Daily Mail. Their legal challenge to this disgraceful ruling resulted in Judge Peter Hughes being forced to eat his words when he rescinded his anonymity order two days later saying, what he should have said originally, that "people of all faiths or no faiths should be treated in precisely the same way."

Asha Khan was subsequently convicted of perverting the course of justice, as was her father and the man who agreed to take the blame for the deception, but had they, and Judge Peter Hughes, had their way you and I would be none the wiser.

Secret trials have no place in Great Britain and are the very antithesis of fair and open justice and the Daily Mail is to be commended for their actions in ensuring that this was the case with Asha Khan.

One wonders how long we will continue to enjoy the protection from abuse by the authorities that a free press provides in the wake of the Leveson Inquiry, and Government proposals for curbing that freedom.
What is certain is the powers that be, from judges to Government Ministers, hate and are fearful of a free press, always there to expose their wrongdoing. How much of the MPs expenses scandal do you think would have come to light without a free press to go after these cheats?
No not much!
It would have been quietly swept under the carpet, just like the case of Asha Khan would have been.

Thomas Jefferson said in 1789, and it's as true today as it was then

"our liberty depends on the freedom of the press, and that cannot be limited without being lost."

No comments:

Post a Comment