[Media-watch] media gag on 'Iraqi abuse' soldier case - Guardian - 11/1/2005

[Julie-ann Davies]

http://www.guardian.co.uk/Iraq/Story/0,2763,1387495,00.html

 Media gag on 'Iraqi abuse' soldier case

Audrey Gillan
Tuesday January 11, 2005
The Guardian

The British public is not allowed to be told evidence heard against a 
British soldier at a court martial in Germany yesterday after a judge 
imposed reporting restrictions on the press.
As the case began against Fusilier Gary Bartlam, 19, of the Royal Regiment 
of Fusiliers, who is accused of ill-treatment of Iraqi civilians, a Ministry 
of Defence prosecutor asked deputy judge advocate general Michael Hunter to 
gag the press. The judge pointed out that his decision was "for legal 
reasons" and he would allow the details to be reported at a later date. His 
decision was "not motivated by any interest of the MoD or the government or 
the army".

The Guardian and other media organisations sent Andrew Nicol, QC, to Germany 
to argue against the reporting restrictions. He said such a gag would "be a 
most serious infringement of the media's right to receive information".

But the judge dismissed the argument, ruling that restrictions remain in 
place until proceedings are concluded. Counsel and the newspapers are 
considering grounds for appeal.

Defence sources confirmed that they had considered seeking a ban on 
reporting of the evidence until after the forthcoming elections in Iraq in 
case it endangered the safety of British troops during a time when attacks 
on foreign troops were expected to heighten, but this idea was dropped.



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