Wright piper loses harassment battle

Published Wednesday, 22 September 2010
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A man who played the pipes at loyalist terror boss Billy Wright's funeral was not subjected to harassment by a tabloid newspaper, the High Court has ruled.

But a judge did find that the Sunday World misused some private information in a series of articles it published on Drew King, who was formerly charged with the murder of one of its journalists.

Mr Justice Weatherup's ruling, which bans publication of the 42-year-old's address or certain information about his family life, has been described as a landmark decision for press freedom.

He held that publishing the identity of King's partner was in the public interest and that the use of a private photograph of the pair should not be restricted.

A decision on any damages to be awarded as a result of the case will be taken at a later stage.

Mr King was one of three men to be formally accused of killing Mr O'Hagan, a Sunday World reporter who was gunned down near his home in Lurgan, Co Armagh, in September 2001.

But in July the murder charges against him and his co-accused were withdrawn.

He brought an action against the Sunday World for alleged misuse of private information and harassment.

Mr King, who has received notice of five death threats from loyalist and dissident republican paramilitaries, was also seeking an injunction to prevent publication of his address and other information about his family circumstances.

The newspaper defended the action, with its Northern Editor Jim McDowell claiming in court that Mr King forfeited his right to privacy when he became involved in the murder of Mr O'Hagan.

Mr King, formerly of Waringstown, categorically denied having anything to do with the killing, and rejected the Sunday World's description of him as an LVF Godfather.

He told the hearing that he agreed to play the pipes at the funeral of Wright, the loyalist terror boss murdered inside the Maze Prison in 1997, without knowing it would turn into a paramilitary-style procession.

On Wednesday, Mr Justice Weatherup noted that King has not sued for libel, with financial reasons advanced for that decision.

The judge said: "I make no judgment on the truth of otherwise of those allegations which might in other proceedings have to be determined.

"But I proceed in noting there is an absence of challenge to the allegations that are being made in this particular action."

He set out the Sunday World's justification of a strong public interest in the investigation of alleged crime.

But based on the threats issued against King, Mr Justice Weatherup ruled that his current or future address could not be published.

Although his partner could be identified, the judge held there had been a misuse of private information on other "peripheral details" about her place of work and family.

There was no justification for the disclosure of other information by the newspaper, the court found.

Dealing with the claim of harassment, the judge said: "Overall, on the question of whether or not this series of articles constituted reasonable conduct, I am satisfied that they did, and did not amount to harassment."

Outside the court Mr McDowell stressed the significance of the outcome.

He said: "It's a landmark decision concerning the freedom of the press.

"Martin O'Hagan was murdered for doing his job. Today's judgment allows us in the Sunday World and every other newspaper to continue to do our job to seek justice for those who are the victims of murder."

© UTV News
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1 Comments
BIG ERNEST in east antrim wrote (974 days ago):
who is this man trying to kid ? come on now , did he honestly think that the LVF would not have held a paramilitary funeral for wright ?
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