Denial and Defamation: The ITN-LM Libel Trial Revisited (II)
PART TWO: THE TRIAL VI. The Standards of Western Journalism The trial eventually began at the High Courts of Justice in London on 28 February 2000. The defendants—recorded as Michael Hume, InformInc (LM) Ltd., and Helene Guldberg—arrived at court on the heels of a disappointing pre-trial hearing. The presiding judge, Mr. Justice Morland, had ruled the testimony of a number of key defence witnesses, including the BBC’s John Simpson, inadmissible. He was not interested in rehearsing the debates about the journalism of attachment or press freedom that had convulsed the chatterati for three years. The claimants—recorded as Independent Television News Ltd., Penny Marshall, and Ian Williams—held that Deichmann’s article, Hume’s accompanying editorial, and the first LM press release were all false and defamatory. Under Britain’s controversial libel law, the defendants were required to show that their contested claims about ITN’s reporting were true. Morland simply wanted to establish if that was the case. The defence’s priority was to establish the location of the barbed wire fence at Trnopolje. This their lawyer Gavin Millar successfully accomplished …