Legal eagle

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‘I’d better get the lawyer in on this one…’

During 23 years with the BBC, and in a 42 year journalistic career (when he was trained to use clear and simple language, avoiding jargon), for our Editor, Welshman Phil Parry, legal issues have always been paramount, with stories ‘run past the lawyer’, and this is now highlighted by the extraordinary news that Andrew Mountbatten-Windsor (formerly Prince Andrew) has been arrested in connection with the Epstein files.

 

Many, many people have become upset with what I publish, and resort to the law.

There seems to be a pervasive attitude among my targets that recounting truthful facts they are unhappy about concerning their past, must be illegal – so a letter from a lawyer inevitably follows.

Yet these figures are perhaps unaware that I have passed any number of legal exams, so I know EXACTLY what can and cannot be said to stay within the law.

It appears to be a case of anger less about WHAT is said, than the WAY it is said!

Is this a police matter?!

For example one threat I received was: “I am currently preparing an evidence file, with legal input, for submission to South Wales Police (this would be a civil case anyway, NOT a criminal one!)“.

This person has also proclaimed menacingly: “I am writing to formally notify you of my intention to pursue legal action against you for defamation in connection with articles published about me on The Eye website, and to raise serious concerns that your conduct may also constitute harassment under the Online Safety Act 2023

‘Now look here!’

“To avoid formal legal proceedings, I require the following actions to be taken within 14days of the date of this letter:

    • Immediate removal of all articles about me from The Eye website.
    • A written undertaking that you will not republish any material concerning me”.

In an earlier notice to The Eye she said: “The tone and content of… articles are overtly malicious and have caused significant harm to my reputation, hindering my ability to secure employment and professional engagements. As a self-employed single parent, this defamation has severely impacted my livelihood and mental well-being. Despite previous requests for removal (There had been NONE!), these damaging articles remain accessible, perpetuating undue harm (The Eye’s lawyers have informed us that any harm or reputational damage comes from her OWN behaviour!)

“At no point was I approached for a right of reply regarding the content of these articles. This omission contradicts the principles of fair journalism and has resulted in a one-sided portrayal that continues to harm my reputation”.​

(We have been advised that a ‘right of reply’ was not needed in these circumstances).

Phil knows his law, and libel lawyers check every piece

“Failure to comply with this request may constitute a violation of the GDPR (General Data Protection Regulation), subjecting you to potential regulatory action and penalties.” (Our lawyers specialising in libel and data protection rules [GDPR] were consulted before publication, and all information is in the public domain).

The spotlight has been thrown on this for me, by the arrest of Andrew Mountbatten-Windsor on suspicion of misconduct in public office.

What led to him being arrested started with information that came out in the massive Epstein files release in January, around activities while he was a trade envoy for the UK Government.

After many hours of questioning, he was released from custody in the evening.

It was emails in those files apparently between Mr Mountbatten-Windsor and the late sex offender Jeffrey Epstein that led to Thames Valley Police (TVP) getting involved.

Andrew Mountbatten-Windsor was released from custody after many hours of questioning

One email in particular stood out – in November 2010, after he had returned from a UK Government-funded trip to Asia, Mr Mountbatten-Windsor was sent a series of reports relating to his trip.

Within five minutes of receiving them he seems to have forwarded them to Epstein, who had by this point already been convicted and spent time in prison for sex offences. There were further email revelations from the files.

Let me be clear – he may or may not be guilty of anything, and he has not been tried, let alone convicted.

His arrest and being held in custody, though is an incredible historical event.

We are told that it is the first time the sibling of a serving monarch has been arrested since 1554, and the cover of the present issue of Private Eye (PE) may appear prescient!

At the very least it is unwise to correspond with a convicted sex offender, and what has been revealed may be worse.

If only he had taken all the legal exams I have taken, he might have avoided this ignominy!

 

Good reading material…

Details of Phil’s, astonishing decades-long journalistic career (when legal checks were often made on stories), as he was gripped by the rare neurological condition Hereditary Spastic Paraplegia (HSP), have been released in an important book ‘A GOOD STORY’. Order it now.

Tomorrow – how during that career, he would often highlight illegally or questionably taken property, as well as their return, and now this is put centre stage by the announcement that 100s of artefacts, including the Benin Bronzes will have ownership moved to Nigeria after they were stolen by the British in 1897