Donal
MacIntyre vindicated in libel action against Kent Police
The BBC journalist Donal MacIntyre has been successful in a libel
action against the Chief Constable of Kent and two colleagues.
The outcome appears to be unprecedented and the first time the police
have been successfully sued for defamation.
The
action followed comments by the Kent Police about a BBC ONE programme
in the MacIntyre Undercover series (transmitted on 16 November
1999) which exposed poor care standards in a residential home in
Gillingham, Kent.
Following the programme, the home was closed, and an investigation
by the police resulted in two people being cautioned for five offences
of criminal assault.
At
the High Court this morning (8 October 2002) the Kent Police have
apologised unreservedly for the remarks which they have accepted
were incorrect and unjustified and have withdrawn them and undertaken
not to repeat them.
Kent Police have also paid a substantial amount in damages which
Donal MacIntyre has chosen to donate to two charities for people
with learning difficulties.
The
police have also undertaken to pay Donal MacIntyre's costs in bringing
the action.
Speaking
outside the High Court this morning, Donal MacIntyre said: "Kent
Police today acknowledged that the Brompton Care Home programme
gave a fair and accurate impression of life there and exposed distressing
and unacceptable behaviour by some members of staff.
"This programme was very important to me as it gave a voice
to some of the most vulnerable people in society.
"People with learning difficulties have a right to quality
care and protection, free from abuse, and I am delighted that we
have been completely vindicated."
The
BBC's Director of Television, Jana Bennett, said: "The outcome
of this action vindicates Donal MacIntyre, the programme team, and
the BBC's journalism in exposing serious abuses at this care home.
When the police refused to withdraw their remarks we had no option
but to support this action.
"It was important that public confidence in the disturbing
findings of this programme was not undermined by the unwarranted
and unjustified police comments made after the broadcast."
Donal
MacIntyre's solicitor, Nick Armstrong of Goodman Derrick, said:
"The successful outcome of this libel action is both historic
and important.
"It is historic because, as far as we are aware, this is the
first time that the police have ever been successfully sued for
defamation.
"It establishes that police officers (including press officers)
have no authority to make unjustified and incorrect statements which
stray beyond the boundaries of police functions in relation to criminal
activity.
"The result is important because it delivers a ringing endorsement
for the approach of Donal MacIntyre and his BBC colleagues in highlighting
grave concerns at the way in which vulnerable individuals were treated
at the Brompton Care Home.
"To
this extent it will have a positive impact on the standard of care
of people with learning disabilities throughout the country."
Revelations
in the programme about the abuse of residents of the Brompton care
home have also led to legal changes in guidelines the Government
issues on the use of physical restraint by carers.
Professor
David Allen, Consultant Clinical Psychologist, Glamorgan University,
says: "The programme undoubtedly played a major role in exposing
poor practice and helped shape national thinking in this controversial
area.
"It prompted the clearest statement yet from government on
the dangers of using these procedures.
"Had
the recent press views gone unchallenged the care of one of our
most vulnerable groups of citizens would have been set back at least
50 years."
Professor
Allen is a member of the British Institute of Learning Disabilities
working group on physical intervention and was to be called as an
expert witness during the proceedings.
He
has over 22 years of experience of working with people who have
severe learning difficulties and for the last 13 years has worked
exclusively with people who display severe challenging behaviour.
Notes
to Editors
A
copy of the statement in open
court is attached in PDF
format. You may require Adobe Acrobat Software to read PDF files
which can be obtained here.
Donal
MacIntyre issued a writ for libel on 3 October 2000 against the
Chief Constable of Kent, Mark Pugash (a police press officer) and
Michael Costello, a police officer.
Another
programme in the MacIntyre Undercover series resulted in the conviction
of two major football hooligans.
Andrew
Frain and Jason Mariner received seven and six years respectively
for conspiring to commit violent disorder and affray. Both men were
also banned from attending football games for ten years (8.12.00).
More
recently a programme in the MacIntyre Investigates series secured
the conviction of a violent street robber. Gary Boothe was sentenced
to four years for the robbery of Donal MacIntyre's laptop on 5.9.02.
Four
further programmes in the MacIntyre Investigates series are in production
and will be broadcast on BBC ONE next year.
Donal
MacIntyre biography
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