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Assault charge drop story upsets defendant

Below are summaries of complaints involving the regional press which have been resolved between the parties involved, with help from the Press Complaints Commission.


Southport Visitor
A man from Southport complained that the newspaper had suggested that a charge of assault against him had been dropped only due to lack of evidence, and had not made it clear that evidence supporting his case had been heard in court, and that the judge had ordered that a not guilty verdict be entered on the records. (Clause 1).

Resolution: The complaint was resolved when the newspaper published the following statement:

“On Friday, 6 November the Southport Visitor published an article about the decision of the Crown Prosecution Service not to proceed with a case in which a man, who was not named, was accused of assaulting Katie Toner. In the article, Miss Toner’s family expressed their concern that the case was not going to go before a jury.

“The CPS stated that the decision was taken on a view that the evidence available was insufficient to secure a conviction. However, we have been asked by the defendant in the case – who denied the assault throughout – to make it clear that the judge presiding over the proceedings then ruled that a formal verdict of not guilty be entered on the records. We are happy to do this.”


Press and Journal, Aberdeen
A man complained that the newspaper had published a series of articles reporting on his trial for posting false messages on an internet site, but had failed to cover his acquittal. (Clause 1).

Resolution: The newspaper published a follow up article making clear that the complainant had been cleared of all charges and had instructed solicitors to initiate a claim against Northern Constabulary. The editor also wrote to the complainant, apologising that the newspaper had not previously published the outcome of his trial. The complaint was resolved on that basis.


Eastbourne Herald
William J Furney, of Bali, complained that the newspaper had published an article – reporting on the conflict between himself and his ex-wife over the custody of their children – which had been misleading through the omission of relevant information. (Clause 1).

Resolution: The complaint was resolved when the newspaper published the following statement:

“In our articles ‘Mother facing child separation’ (28/08/09) and ‘Mum gets visa relief to stay with children’ (02/09/09), we reported Sara Oxley’s attempts to bring her children to the UK.

“The children’s father, William Furney, has asked us to make it clear that, as he has lodged an appeal, legal proceedings in Indonesia regarding custody of the children are ongoing, and that it is for this reason that exit permits for the children have not been issued.

“Mr Furney also wishes to emphasise that, whilst they have now been issued with British passports, the children hold Irish passports on which they legally reside in Indonesia, and that they were born and raised in Indonesia.”


The Scotsman
Joyce McFarlane complained that an article about Lockerbie bomber Abdelbaset Ali Mohmed al-Megrahi contained the inaccurate statement that Scottish law dictated that a terminally ill prisoner must have less than three months to live to be eligible for compassionate release. (Clause 1).

Resolution: The complaint was resolved by the publication of the following correction:

“Further to our report of 27 August ‘Ordinary prison GP – not cancer expert – told MacAskill bomber had three months to live’, we wish to point out that Scots law does not state that a terminally ill prisoner must have less than three months to live to be eligible for compassionate relief, as reported.

“While three months is referred to as the crucial point in guidelines, a prisoner can be released on licence at any time if the Secretary of State is satisfied of compassionate grounds to justify it.”


Ealing Leader, Ealing Gazette
Linda Wealleans, of London, complained that the newspapers had inaccurately reported her late husband’s name and the details of his admission to hospital and subsequent cardiac arrest, in addition to inaccurately suggesting that he had still been a heavy smoker and had still been working at the time of his death. The complainant also believed that the newspaper had approached a member of her family at the inquest in an insensitive manner. (Clause 1).

Resolution: The complaint was resolved when the newspapers acknowledged that the approach made at the inquest had clearly been upsetting to the complainant and her family, and when they agreed to publish a clarification on the points of inaccuracy.