HALL v ASSOCIATED Newspapers Ltd
| Jurisdiction | Scotland |
| Judgment Date | 12 July 1978 |
| Date | 12 July 1978 |
| Docket Number | No. 1. |
| Court | High Court of Justiciary |
JC
L.J.-G. Emslie, L.J.-C. Wheatley, Lords Cameron, Avonside, Robertson.
Administration of justice—Contempt of court—Newspaper—Petitioner in police custody but not yet charged or committed—Publication of newspaper article about the petitioner and the circumstances of the murders with which petitioner subsequently charged—Whether prejudicial to course of justice—Starting-point of jurisdiction of court in respect of contempt of court.
The petitioner was detained by the police in connection with the discovery of a number of corpses in various parts of the country. He was subsequently arrested upon a charge which was related to the charges of murder upon which he was later committed for trial and indicted. While he was being detained, but before he had been charged with murder, a newspaper published an article describing the police inquiry and revealing considerable personal details about the petitioner. The same article also described the circumstances in which the corpses had been found and said that the petitioner was likely to face "serious charges." The article was published at a time when the publishers knew that the petitioner had been detained in connection with possible murder charges.
Held (1) that the Court's jurisdiction with regard to contempt of court runs from the moment of arrest or from the moment that a warrant to arrest is granted by the Court. From that point of time the accused person is under the care and protection of the Court. Accordingly any material published after that time which may be regarded as prejudicial to a fair and impartial trial may amount to contempt of court. (2) That in summary procedure the jurisdiction of the Court will arise at the time of arrest or of service of the complaint, whichever is the earlier. (3) That prejudicial publication may take place when the publishers are unaware that the person who is the subject of the publication in connection with a particular crime has been arrested or that a petition warrant for his arrest has been granted by the Court, though excusable ignorance of these facts will be of importance in considering the question of penalty. (4) That in the present case the Court had jurisdiction to deal with the alleged contempt, and the respondents were guilty of contempt.
Stirling v. Associated Newspapers Ltd.SC 1960 J.C. 5 reviewed.
Dicta in Stirling tending to suggest that the Court's jurisdiction in the matter of contempt by prejudicial publication or by other conduct may run from the time at which a crime is suspected and investigation by the criminal authorities has begundisapproved.
Archibald Thomson Hall, who had been committed until liberated in due course of law on three charges, two of which libelled murder, presented a petition to the High Court of Justiciary in which he complained of the publication in the "Daily Mail" newspaper of an article about him after he had been detained by the police in connection with the murders with which he was subsequently charged.
The petition set forth:
"(1) That on 16th January 1978 the petitioner was detained by the police in connection with investigation into the murder of Donald Hall whose body was discovered in the boot of a car at North Berwick. During said investigation the police publicised the fact that they sought other bodies and were inquiring into a number of related murders. "
"(2) That on 19th January 1978 there was published in the Daily Mail newspaper, which is owned, printed and published by Associated Newspapers Group Limited, Carmelite House, London, E.C.4, and which is believed to be edited by David English, an article believed to be written by Peter Davenport and Frank Thompson, employees of said newspaper. Said article together with a photograph of former M.P. Walter Scott-Elliot with his wife Dorothy comprised the whole front page of said edition of said newspaper and said article was continued on page three of said edition. The headline on the front page was: "
“Six victims—and Police talk of more”
“THE FRENZY OF MURDER”
Said article commenced: “The full horrific story of the body-in-the-boot case unfolded yesterday—revealing a frenzy of murder. As the police made a massive search for bodies in Scotland a senior officer said: "I don't know how many we might end up with." At the centre of the macabre affair was Archibald Thomson Hall, a modern "Jeeves" who worked as a butler in high society and became a free-spending man-about-town.
COLLAPSED
Yesterday he was involved in a new, dramatic turn of events. He collapsed in a police cell after detectives had questioned him about the deaths of missing former M.P. Walter Scott-Elliott and his wife and about three other murders. But he is expected to appear with another man at Haddington Sheriff Court near Edinburgh today. They will face holding charges and "serious charges" may follow in a few days. Any subsequent trial will take place in Scotland.” Said article narrated that the petitioner had been employed as a butler to Lady Hudson, Kirkleton, near Dumfries: that he had become friendly with a gardener who was believed to have worked at the former home of Mr Scott-Elliott a few miles away at Arkleton; and that the gardener disappeared a short time before the petitioner left Lady Hudson's employment. Said article stated: “Police believe he was shot dead.” Said gardener is believed to be David Michael Wright. The said article narrated the facts surrounding the discovery of the body of Mary Coggle in an icy stream near the main A74 Carlisle to Glasgow Road in Dumfriesshire on Christmas Day. Said article refers to the identification of the body found in the boot of the car at North Berwick as that of Donald Thompson Hall. Said article continues: “He had been released from Haverigg Prison at Millom in Cumbria last Friday after serving one year of a three-year sentence. His brother Archibald (the petitioner) was the butler at the Scott-Elliott plush flat in Richmond Court, Sloane Street, London.” Police then linked the murder with the disappearance of the former Labour M.P. for Accrington and his wife who vanished after their flat was raided and antiques worth thousands of pounds were stolen.” Said article reveals considerable personal details regarding the petitioner. It further continues: “Detectives in Cumbria have discovered that Hall and Kitto first rented Middle Farm Cottage at Newton Arlosh, near Carlisle, in September. It was thirty miles up the coast from Haverigg Prison, Millom, where Hall's brother Donald was serving his sentence.” Said article narrates the role played in the affair by Mrs Coggle and the manner of her murdering. Likewise, said article narrates details of the killing of Donald Hall and the discovery of his body at North Berwick. The article stated that police had recovered many of the antiques stolen from the Scott-Elliotts' flat. Said article is hereto annexed and held to be repeated herein brevitatis causa.
"(3) That on 23rd January 1978 the petitioner appeared in the Sheriff Court, Haddington, on a petition at the instance of Robert William M'Conachie, Procurator Fiscal, Haddington, charging the petitioner that he did: “on 16th January 1978 have in his possession in Scotland, namely at the Police Station, Musselburgh, in the District of East Lothian property namely 66 Edward I Silver Pennies which he had stolen in another part of the United Kingdom, namely from the flat at 22 Richmond Court, 200 Sloan Street, London, between 1st November 1977 and 16th January 1978, both dates inclusive, and he is liable in terms of section 7 (1) of the Criminal Procedure (Scotland) Act 1975 to be indicted, tried and punished in Scotland in like manner as if he had stolen the said property in Scotland.” Said flat at 22 Richmond Court, 200 Sloan Street, London, is the flat previously occupied by said Walter Scott-Elliott. "
"(4) That on 27th January 1978 the petitioner along with Michael Anthony Kitto (being the said Kitto above referred to in regard to said article in said newspaper) appeared in the Sheriff Court, Haddington, on a petition at the instance of said Robert William M'Conachie, charging the petitioner that he did: “between 30th May 1977 and 16th January 1978 the exact date to the petitioner being unknown, in a field adjoining the Pokeskine Sike Burn at a point about half-a-mile south-east of Kirtleton House, said field and burn forming part of the farmlands of Kirtleton in the Parish of Middlebie in the District of Annandale and Eskdale assault David Michael Wright, born on 4th March 1947, of no fixed abode, present at him a loaded firearm, shoot him in the head and did thus murder him.” Said petition further charged the petitioner and said Michael Anthony Kitto that they did: “between 8th December 1977 and 16th January 1978 the exact date to the petitioner being unknown on ground situated on the north side of the Tomich to Cougie Road, about three miles west of the Tomich Hotel, Parish of Kilmorack in the District of Inverness, assault Walter Travers Scott-Elliott, aged 82 years, 22 Richmond Court, Sloan Street, London, push him against a fence, push him to the ground, pull him across the ground, compress his throat with their hands or with a scarf or similar ligature, stamp on his throat, strangle him, or in a manner to the petitioner unknown inflict upon him injuries from which he died, and they did thus murder him.” "
"(5) That the publication of said article was made after it was known to said employees, editor, publishers and proprietors of said “Daily Mail” that the petitioner was detained by the police in connection with their inquiries into said theft from the flat at 22 Richmond Court, Sloan Street, London, occupied by Walter Travers Scott-Elliott, in connection with the discovery of said various bodies, and in connection with said murders. "
"(6) That the publication of said article constitutes a gross interference with the...
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