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the torture trade in the UK
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Date: Mon, 31 Jul 1995 02:40:07 -0700 (PDT)
From: Michael Papadopoulos
[...] Government apologies and pays journalist (pounds)55,000 for libellous letters signed by Deputy Prime Minister, Michael Heseltine. The Government this morning apologised to the author and investigative journalist, Martyn Gregory, for libellous remarks made in letters signed by the Deputy Prime Minister, Michael Heseltine, and his former ministerial colleagues at the DTi, Richard Needham MP, and Ian Taylor MP. The comments were made in letters to members of the public and MPs about the film, 'The Torture Trail', that Gregory made for Channel 4's 'Dispatches' series. In addition to the statement in open court, the DTi agreed to pay Gregory damages and costs of 55,000 (Sterling). This libel settlement is thought to be unique - the first time a journalist has ever successfully sued the government for libel. Gregory was the reporter in, and the producer and director of, 'The Torture Trail' (broadcast on 11/1/95 in Channel 4's 'Dispatches' current affairs series) which exposed the role of British Aerospace and the Glasgow company ICL Technical Plastics as being willing to supply electro-shock weapons that could be used for torture, to the Saudi Arabian and Chinese governments. The programme was named 'best documentary of the year' in June by Amnesty International in its 1995 press awards. Gregory brought libel proceedings against the DTi after the President of the Board of Trade, Michael Heseltine, and two of his ministers, Ian Taylor MP and Richard Needham MP, seriously libelled him in letters to Channel 4 viewers and to MPs who wrote to them to complain about the evidence the film uncovered of British involvement in the torture trade. The letters Heseltine and his fellow ministers signed described the allegations in the programme as 'contrived' and 'scaremongering', and suggested that Martyn Gregory (who posed as an undercover arms dealer in the film) had persuaded British Aerospace and ICL Technical Plastics in Glasgow to 'offer to supply goods for the purpose of making a story that otherwise did not exist'. In a statement in the High Court this morning the DTi acknowledged that the allegations made by the President of the Board of Trade and his ministers and civil servants were, 'untrue'. The statement continued, 'the allegations should never have been made. They [the DTi ministers] are therefore here by their Counsel today to withdraw these allegations unreservedly and to apologise for the anger and embarrassment caused to Mr Gregory. The Department has also agreed to pay Mr Gregory substantial damages and his legal costs in full. The department will also be writing to the original correspondents concerned to inform them of the terms of this apology'. Gregory commented: "I am delighted that the government has agreed that the letters written by Heseltine and his ministers were libellous nonsense. This is an important victory for investigative journalism over a government that seems to have lost its moral authority. So much for the 'sword of truth'. "The DTi's campaign against 'The Torture Trail' was extremely malicious. One MP who did not see the programme but who read the DTi's letter, described my team (in a letter to one of his constituents) as liars. He said we were trying to 'further our career interests' by deceiving the public. "I had hoped that the government would respond to Amnesty International's call to investigate the British role in the torture trade after our film was broadcast". Amnesty International describes electro-shock batons as the 'universal tool of the torturer'. The Nobel peace prize winning human rights organisation has documented many cases of electro- shock torture. Gregory added, "Instead of investigating those who trade in weapons that can be used for torture, Heseltine and his ministers subjected the programme to a stream of abuse". "The Ministry of Defence has recently got in on the act and threatened to charge me with 'incitement to break the Firearms Act'. This offence carries a maximum penalty of five years in prison. Following this libel settlement, I naturally expect that the Defence Secretary, Michael Portillo will drop his threat of criminal prosecution against me". Gregory was interviewed under caution by Ministry of Defence police on June 26. The MoD police told him that he could face criminal prosecution as a result of his role in the programme. The chairman of British Aerospace, Mr Dick Evans, by contrast has told shareholders that he does not expect either of the BAe employees, who featured in the 'Dispatches' programme offering to sell electro-shock weapons, to be prosecuted. 187 Labour and Liberal Democrat MPs have signed an early day motion (No. 1332, moved by Labour MP Ann Clwyd) supporting Gregory's libel case. The motion also criticises the government's attempts to discredit Gregory, and expresses shock that he has been made the target of a criminal investigation. Gregory said, "It is a very strange government that wastes its time, and the public's money, on persecuting the messenger instead of heeding the message he brings. Particularly so in this case where we revealed British involvement in the vile trade of electro-shock torture weapons. "I hope the government will now respond to Amnesty International's call to launch a serious investigation into the British businessmen who profit from the trade in weapons that can be used for torture. There was enough evidence in our film to prosecute several firms, and individuals, and absolutely nothing has been done. The government's main concern appears to be to cover-up the truth and to attack those who revealed it". Gregory's solicitor Geoffrey Bindman commented, "It is important to note that the DTi made no attempt to claim that the libellous letters were protected by qualified privilege. This means that the DTi did not believe it could escape a finding that the letters were malicious, which would destroy the defence of privilege". Channel 4 supported Gregory's action but did not finance it. Commenting on the libel settlement C4's Controller of Factual Programmes, Peter Salmon, said, "The government climbdown ends a smear campaign against one of the finest investigative programmes made this year. But serious questions must now be asked about why such claims were made in the first place. Why did ministers libel our journalists, rather than take the opportunity provided by this programme to reappraise government policy on the sale of weapons that can be used for torture to brutal and oppressive regimes". A statement agreed between Martyn Gregory and the DTi was read in the High Court at 10.00 this morning: For copies of the High Court statement and further details of the case contact: Geoffrey Bindman (Martyn Gregory's solicitor) Bindman & Partners 0171 833 4433 Martin Stott - Channel 4 Press Office (for documents, tape of the programme and transcript) 0171 306 8268 (DL) 0171 306 8353 (Fax) 0171 396 4444 (Switchboard) Martyn Gregory 0181 672 6188 (Phone/Fax) 0956 898771
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