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Daily defeats police and council bids to stop video of killer appearing on website

A regional daily has defeated legal bids by police and social services to stop video footage of a killer from appearing on its website.

Newcastle daily The Chronicle and its Chronicle Live sister site won the right to publish footage showing Karine Atay in the minutes after she stabbed her husband to death, despite Northumbria Police and Gateshead Council claiming that doing so could cause upset or distress to her children who had been in the house at the time of the attack.

Judge Paul Sloan QC, who had presided over Atay’s trial, sided with The Chronicle and stated in his ruling that any harm suffered by the children “does not arise from accurate, reliable reporting of the trial”, further noting such coverage provided the “best protection” against unpleasant posts on social media.

The body-worn camera footage had been a critical piece of evidence in establishing Atay’s claims of self-defence were false, but, contrary to the usual protocol, a senior officer in the case decided the footage should not be released on the grounds it may cause upset or distress to the children.

The video footage was published on the Chronicle Live website

The video footage was published on the Chronicle Live website

Chronicle court reporter Rob Kennedy received backing from the Crown Prosecution Service following the force’s refusal to release the clip, deciding the footage should be made public, but Northumbria Police appealed against that decision.

A story by The Chronicle states: “In light of police objections, we decided to write to trial judge Paul Sloan QC to get him to intervene, knowing the law was quite clear that the footage should be released. Police then contacted social services and other parties acting for the children, who also said the release of the footage would harm the children.

“Northumbria Police initially instructed a barrister to fight against the media and CPS and social services also instructed a barrister. The case was listed for a hearing last week, where we repeated our submissions orally and the CPS explained why it agreed it should be released.

“While police decided not to be formally represented at the hearing, they did send a letter to the judge persisting with their objections – which drew a comment from Judge Sloan about them seemingly not thinking they were bound by the agreed protocols. Finally, on Tuesday, after a lot of spent time and money, the open justice principle prevailed and the judge ordered the footage should be released.”

Atay, 42, had been found guilty at Newcastle Crown Court of manslaughter on the grounds of lack of intent after stabbing her husband Atakan during a confrontation about her wanting to leave their house to buy more wine to feed her alcohol habit.

She is a previous winner of The Chronicle’s Mum of the Year prize due to her charity fundraising efforts to try and save her daughter Sophie, who died of cancer in 2010 at the age of two.

In his ruling, Judge Sloan said: “It’s argued the footage will always be available but the same can be said about written reports of the case, some of which contain details of far more disturbing aspects of the case. I’m satisfied the applicant has a serious journalistic purpose in seeking the material and the application is made in connection with contemporaneous reporting.

“It’s a case of marked public interest and it involved the unlawful killing where the defendant has sought to distort the truth. It’s argued the contents could be disseminated by means of the printed word alone, however it’s not for the court to exercise editorial judgement.”

He added: “The harm [the children] are already suffering and will inevitably continue to suffer does not arise from accurate, reliable reporting of the trial, rather from their experience living in a household where their mother was dependent on alcohol and the tensions and distress that gave rise to.

“It arises from the fact their mother killed their father by stabbing him to death. It is destruction wrought by their mother that lies at the root of their distress, not accurate reporting. As for unpleasant posts on social media, the best protection against that is accurate reporting by the media.

“Discussion about the case is potentially disturbing but such discussions will take place regardless of whether this material is released. Having carefully considered all the arguments, I’m satisfied the principle of open justice must prevail. Accordingly, the application is granted.”

2 comments

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  • May 31, 2019 at 11:49 am
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    Well done the Chron for fighting the good fight when it would have been easier and less hassle just to roll over and move on.

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  • May 31, 2019 at 12:00 pm
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    “While police decided not to be formally represented at the hearing, they did send a letter to the judge persisting with their objections – which drew a comment from Judge Sloan about them seemingly not thinking they were bound by the agreed protocols”
    – Another example of the Police thinking they are above the law. Thank goodness for journalists like these who take up the fight. And the police and social services initially instructed barristers – all at cost to the public purse. Next they will be asking us to run stories about how cash-strapped the police and local authorities are ….

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