Adjudication No. 348 (October 1987) [1987] APC 35

ADJUDICATION No. 348 (October 1987)

Ms Heidi McGarvey complains against the Daily Mirror concerning an article published on 3 November 1986. This related to her trial and appeal concerning the murder of her adoptive mother. In her complaint, Ms McGarvey says that she was approached by a journalist in April 1986 for an interview to "put her side of the story". The complainant says she informed him that she would seek legal advice and contact him at a later date. No. other statements were made by her.

However, after reading a statutory declaration by the journalist in question, the complainant now recalls a more detailed interview that took place on that day.

The journalist states that his story is essentially based on that interview and that he advised the complainant that if an appeal was, in fact, pending, the story might have to be delayed until after the appeal was finalised. There was some communication on this point between the complainant and the journalist after the discussion with her lawyers.

The complainant believed that she would have some control over what was written in the article about her. She says that an undertaking was given concerning this, but the reporter's recollection is that her only concern was that there should be no publication that could prejudice the pending appeal. The reporter says that the article was based on the interview and matters of record.

There is one obvious matter which is misleading in the article, and that is the suggestion that the interview was given on the day of publication. This was an error, but it is not material to the adjudication.

It seems clear that there was in fact a lengthy interview at the prison, and that concern was expressed at that time relating to the possible prejudice that might occur if an article was published prior to the finalisation of the appeal. In all the circumstances it would have been most unlikely that the reporter would have given an undertaking vesting control with her in what was subsequently published.

The Press Council cannot uphold Ms McGarvey's complaint on the grounds of inaccurate or misleading reporting, nor is there evidence to suggest a breach of journalistic ethics as outlined in the Council's principles.