Independent ‘gratuitously identified’ accused in Anglo Tapes coverage

A High Court judge has said Independent Newspapers "gratuitously identified" an accused person in part of its coverage of the Anglo Tapes.

Ms Justice O'Malley accepted that there was no evidence of intention on the part of the Independent and its editor-in-chief, Stephen Rae, to interfere with the course of justice. There is no requirement in law to prove intent for the offence of contempt of court, she said.

She made the comments in the summary and conclusions of her judgment, in which she found the paper was in contempt because the tapes were published after an accused person had been charged and returned for trial.

Only the summary and conclusions, along with the fact the DPP had sought a contempt of court order, can be published pending further order, the judge ruled.

The judge had last month decided the paper was in contempt but adjourned the matter to allow its lawyers make submissions concerning her order that only her summary and conclusions could be published.