Mr. Ioan Evansasked the Attorney-General whether he will investigate, with a view to instituting proceedings, the conduct of the news media arising out of reports published while proceedings were pending in the case of R. v. Ball.
The Attorney-GeneralI have already done so. After very careful consideration, I have concluded that no action is in this particular case required of me, since in the circumstances of the case no prejudice can in fact have arisen. But I must exphasise that the mere fact that an accused person in the event pleads guilty is not necessarily a justification for the publication of prejudicial material whilst the proceedings are pending or imminent. Indeed, the prejudice may be so extensive that a fair trial becomes impossible.
Accordingly whilst proceedings are pending or imminent nothing should be published which might in any way prejudice the accused or the prosecution or which might interfere with the course of justice. This applies particularly to photographs or other material relevant to identity and to reports of interviews with potential witnesses upon matters which may later form the subject of their evidence. Material of this nature was in fact published whilst the proceedings in the Ball case were pending.