View all newsletters
Sign up for our free email newsletters

Fighting for quality news media in the digital age.

  1. Media Law
December 22, 2010

Guardian mulls appeal over extradition case documents

By PA Media Lawyer

The Guardian newspaper is examining ways to appeal a ruling that press and media are not entitled to copies of skeleton arguments, documents or other exhibits placed before a magistrates’ court.

The decision came as Lord Justice Sullivan and Mr Justice Silber of the Divisional Court rejected an appeal by the Guardian News and Media yesterday.

GNM had appealed against the refusal of a district judge at City of Westminster Magistrates’ Court to allow it to have copies of or access to documents put before the court in extradition proceedings against London-based solicitor Jeffrey Tesler and Wojciech Chodan, a former executive of an American company.

The United States wanted the two men extradited in connection with allegations that they had been involved in bribery of Nigerian officials.

The Divisional Court held yesterday that the District Judge was correct in her decision.

Guardian News and Media said the company was examining the possibility of an appeal.

“We are not sure what the route of appeal might be, but we are definitely examining our options,” said a spokeswoman.

Content from our partners
MHP Group's 30 To Watch awards for young journalists open for entries
How PA Media is helping newspapers make the digital transition
Publishing on the open web is broken, how generative AI could help fix it

The Guardian’s first applied for disclosure of a number of documents in the extradition case when District Judge Caroline Tubbs gave judgment in the case of Tesler in March this year.

The documents, which were put before the court and mentioned in oral argument, included skeleton arguments prepared by counsel, affidavits by a US official, and various correspondence.

But District Judge Tubbs declined to order disclosure, saying that she had no inherent jurisdiction to do so.

In addition, nothing was disclosed or discussed in the documents which had not already been dealt with in oral argument in open court, she said.

Guardian News and Media appealed by way of case stated, and applied for judicial review of the District Judge’s decision.

Gavin Millar QC, for the newspaper, argued that the principle of open justice required first that in criminal cases, all evidence communicated to the court should be available for inspection by the press if it could show an adequate reason for its production, and second that nothing should be done to discourage or frustrate the publication to a wider public of fair and accurate reports of proceedings.

The court could only depart from the general rule that justice should be administered in public where the nature or circumstances of the particular proceedings were such that the application of the general rule in its entirety would frustrate or render impracticable the administration of justice or would damage some other public interest.

Email pged@pressgazette.co.uk to point out mistakes, provide story tips or send in a letter for publication on our "Letters Page" blog

Select and enter your email address Weekly insight into the big strategic issues affecting the future of the news industry. Essential reading for media leaders every Thursday. Your morning brew of news about the world of news from Press Gazette and elsewhere in the media. Sent at around 10am UK time. Our weekly does of strategic insight about the future of news media aimed at US readers. A fortnightly update from the front-line of news and advertising. Aimed at marketers and those involved in the advertising industry.
  • Business owner/co-owner
  • CEO
  • COO
  • CFO
  • CTO
  • Chairperson
  • Non-Exec Director
  • Other C-Suite
  • Managing Director
  • President/Partner
  • Senior Executive/SVP or Corporate VP or equivalent
  • Director or equivalent
  • Group or Senior Manager
  • Head of Department/Function
  • Manager
  • Non-manager
  • Retired
  • Other
Visit our privacy Policy for more information about our services, how New Statesman Media Group may use, process and share your personal data, including information on your rights in respect of your personal data and how you can unsubscribe from future marketing communications.
Thank you

Thanks for subscribing.

Websites in our network