Babak Belurs

Jumat, 29 Juli 2022

Wagatha Christie case: Rebekah Vardy loses libel trial against Coleen Rooney - Sky News

Rebekah Vardy has lost her Wagatha Christie case against Coleen Rooney.

Vardy attempted to sue her fellow WAG for defamation, but a High Court judge has ruled that Rooney's Instagram post outing Vardy for leaking stories to The Sun newspaper was true.

Vardy said Judge Justice Steyn "got it wrong" with her ruling, adding that "it is not the result that I had expected, nor believe was just".

But she added that she would not appeal as "the case is over".

Rooney said she was "pleased" the judge had found in her favour, adding: "It was not a case I ever sought or wanted".

Alluding to what she called a "difficult and stressful time" throughout the trial, she concluded: "Although I bear Mrs Vardy no ill-will, today's judgment makes clear that I was right in what I said in my posts of October 2019".

Coleen Rooney says she has no 'ill will' towards Vardy - latest updates

The court found that the essence of Rooney's social media post was "substantially true" - that's to say Vardy was responsible for leaking Rooney's private information to the press.

In her verdict, Judge Steyn described Vardy's evidence in the libel trial as "manifestly inconsistent... evasive or implausible" - while Rooney's evidence was "honest and reliable".

In her conclusion, the judge said: "I have found that Ms Vardy was party to the disclosure to The Sun... Ms Vardy knew of and condoned this behaviour, actively engaging in it by directing Ms Watt to the private Instagram account, sending her screenshots of Ms Rooney's posts, drawing attention to items of potential interest to the press, and answering additional queries raised by the press via Ms Watt."

Caroline Watt was Vardy's agent and friend, and had been implicated in the leaking of the private posts during evidence heard in court. She did not give evidence during the hearing.

Although the judge labelled the information within Rooney's leaked posts as "trivial", she said the content "does not need to be confidential or important to meet the sting of the libel."

Despite the court finding that Rooney's reveal post "was on a matter of public interest", the judge ruled that it couldn't be used as part of her defence because she did not take "steps to put the allegation to Ms Vardy and give her an opportunity to respond".

Addressing what was referred to during the trial as "a series of unfortunate incidents" - which involved a broken laptop, forgotten passwords and lost data - Mrs Justice Steyn said: "In my judgment, it is likely that Ms Vardy deliberately deleted her WhatsApp chat with Ms Watt, and that Ms Watt deliberately dropped her phone in the sea".

The court praised Rooney's evidence as "honest and reliable", but said Vardy's evidence was "manifestly inconsistent... evasive or implausible".

Mrs Justice Steyn said: "Ms Vardy was generally unwilling to make factual concessions, however implausible her evidence."

While the judge found that Vardy had disclosed private information, she said she believed Vardy had felt "genuinely offended" by Rooney's accusation, employing "a degree of self-deception" to minimise her role in the leak.

Former WAG Lizzie Cundy, Rooney's friend, told Sky News she "wasn't surprised" by the outcome and knew Rooney - who she described as "an honest girl" - would only have made the original reveal post if she was "100% sure it was correct".

She said when the spat first began she'd even suggested to Rooney and Vardy that they, "Come over and have some prosecco and nuts and sort this out", adding, "Now Rebekah will be thinking, 'I should have listened'".

Rooney initially accused Vardy of leaking "false stories" to the media in 2019, and the high-profile trial took place in May.

The wife of former England star Wayne Rooney was dubbed "Wagatha Christie" after claiming that three fake stories posted on her personal Instagram page - which unbeknown to Vardy at the time were shared only with her account - were passed on to The Sun newspaper.

In written submissions to the court during the trial, Vardy's barrister Hugh Tomlinson QC argued that while the case had been trivialised as "WAG Wars" it had had a "very profound" impact on his client's life, leading to "high intensity abuse and vilification".

The 40-year-old suffered "immense distress" as a result of Rooney's allegations and "had no choice" but to take her to court "to establish her innocence and vindicate her reputation", Mr Tomlinson said.

However, in the written argument for Rooney, 36, barrister David Sherborne said his client felt "absolutely confident" in the investigation she conducted to find the source of the leaks and that her "authentication was as thorough as many newsrooms".

What were the key legal issues in the case?

A libel is a published statement which is defamatory - damaging to a person's reputation.

Vardy said she had suffered "very serious harm to her reputation" as a result of Rooney's allegations and therefore brought the case to court to defend herself.

Rooney defended the claim on the basis it was true and in the public interest for her to publish it. Under English defamation law it was Rooney who had to prove her post was "substantially true".

As this was a civil case, not a criminal one, the standard of proof was "on the balance of probabilities", or "more likely than not", rather than "beyond reasonable doubt".

There is an upper limit of damages in libel actions in the UK of about £300,000, with the amount awarded depending on a number of factors - including the level of reputational damage and the prevalence of the published libel. However, any damages are usually swallowed up by legal costs.

At a hearing in March 2022, it was revealed that Vardy had a costs budget of nearly £900,000, while Rooney's costs were estimated to be about £400,000.

However, it is believed the case exceeded those budgets.

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2022-07-29 11:29:34Z
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Kamis, 28 Juli 2022

Leiland-James Corkill: Killer lied to social workers, report finds - BBC

A woman who murdered the baby she was trying to adopt lied to professionals about her alcohol use and mental health problems, a report has found.

Laura Castle, 38, shook 13-month-old Leiland-James Corkill at her home in Barrow, Cumbria, in January 2021.

A safeguarding children board review found there were systemic failings in the adoption process and information was not always shared between agencies.

Cumbria County Council said it had already made changes to how it worked.

In response to the findings, the authority said Castle "deliberately and repeatedly misled and lied to social workers about vitally important aspects of her life".

Castle and her husband Scott took in Leiland-James in August 2020 when he was eight months old after he had been taken into care at birth.

The couple had been assessed and approved by the county council's adoption service.

My baby was taken into care then murdered

However, at the time Castle was having counselling with the organisation First Step about issues including her "low mood, anxiety and anger management".

The adoption team did not make checks with the service as they were under the impression from her, and from her GP, that her therapy was in the past.

First Step was unaware that Castle and her husband had applied to adopt and were being assessed - though they did inform the GP it was working with her - as it is not current practice for an adoption service to contact a counselling agency for information.

The information held by First Step revealed that she drank six bottles of wine a week, considerably above the recommended alcohol limit and three times the amount she told adoption assessors she consumed.

Shortly after Leiland-James's placement, Castle was diagnosed with rheumatoid arthritis but social workers were not made aware of her new medical condition.

A concern was raised about her alcohol intake as part of a consultation for a separate health issue.

This information was shared with her GP, but not with any other agency.

'Increasing debt'

The report found the Castles had significant loans and credit card debts but did not have the income to service them.

However, the financial assessment form for the adoption did not ask about the total they owed - it only required the couple to disclose what they were spending on loans and credit cards each month.

That "enabled the family to disguise what they owed and they were only paying the minimum amount each month", the review said.

The form has since changed and there is also a plan to review financial assessments at the time of a match to ensure information is up to date.

Laura with Leiland-James in the contact centre

The NSPCC said the murder was a "pivotal reminder" of the need for national leadership and radical reform of children's social care.

"The report highlights, among other issues, a lack of information sharing between agencies, which we know is a persistent problem," said Clare Kelly, associate head of policy and public affairs.

"It is crucial that the seeking and sharing of information between all agencies involved in child safeguarding and adoption processes is strengthened to spot potential dangers earlier."

'Repeatedly misled'

John Readman, executive director for people at Cumbria County Council, said it fully accepted the report's findings, was deeply sorry for Leiland-James's death and offered condolences to his birth family.

"The Castles went through a full eight-month assessment and approval process involving criminal records checks, multiple references and extensive training," he said.

"No concerns were raised by anyone, in any agency, about their suitability to become adopters.

"Laura Castle deliberately and repeatedly misled and lied to social workers about vitally important aspects of her life, including her mental and physical health, her alcohol use and debts.

"We also know now that relevant information about Laura Castle was not shared between agencies, and that more could have been done to clarify some of the information we were provided with."

Mr Readman said the council had followed "lengthy and intensive" national standards but accepted there were "vulnerabilities in the process" when prospective adopters were untruthful.

Lesley Walker, independent scrutineer with Cumbria Safeguarding Children Partnership, told BBC Radio Cumbria: "I think that they [social workers] need to be challenging information, triangulating and checking out information from a number of sources about adult vulnerabilities.

"There were a number of pieces of information that were not shared as widely as they should've been.

"We've taken steps with a new questionnaire to go into detail about vulnerability and financial situations and seek out information in a robust way."

At her trial, Castle pleaded guilty to manslaughter and told the jury she had shaken Leiland-James because he would not stop crying.

She claimed he hit his head on the armrest of the sofa before he fell off her lap on to the floor.

Prosecutors said Castle killed the boy when she lost her temper and suggested she smashed the back of his head on a piece of furniture.

She was jailed in May for a minimum of 18 years.

Follow BBC North East & Cumbria on Twitter, Facebook and Instagram. Send your story ideas to northeastandcumbria@bbc.co.uk.

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A "very damaged man" has been jailed for killing his bedbound grandfather in a knife attack, in the first filmed sentencing in England and Wales.

Ben Oliver, 25, stabbed his 74-year-old grandfather to death in Mottingham, south east London, in January 2021.

He admitted manslaughter due to diminished responsibility. He was cleared of murder at the Old Bailey.

Judge Sarah Munro QC made legal history as she handed him a life sentence with a minimum of 10 years and eight months.

The arrival of TV cameras at the Old Bailey and other crown courts comes nine years after the move was first promised.

The major change in the law, announced on Wednesday, allows broadcasters to film judges sentencing serious criminals. Broadcasting an entire trial will not be permitted.

During sentencing, Oliver, of Bexleyheath, south London, was denied a hospital order because he "presents a significant risk to the public", the court heard.

He attacked his bedbound grandfather, David Oliver, as he lay "helpless" in his bedroom following a stroke, jurors heard during the trial.

David Oliver was found with 21 stab wounds to the face and seven stab wounds to the torso.

Louis Mably QC, for the prosecution, said: "It was a brutal attack, plainly carried out with the intention of killing him."

The defendant had become "very angry" after learning of allegations against his grandfather of historic sexual abuse of girls, Mr Mably said.

TV cameras in England and Wales criminal courts

Under new rules announced on Wednesday the BBC, ITN, Sky and Press Association can ask to film sentencing of a defendant - the very last stage of a criminal prosecution.

Sentencing hearings are witnessed daily by journalists, juries, victims or their families. But until now they are little understood by the public because the detail is often simplified in daily news reporting.

Under these new rules, each sentencing that is filmed will be kept on YouTube so viewers can see the judge's full reasoning.

Cameras will not be allowed to film victims, witnesses and jurors amid concerns that wider televising of trials could damage the quality of evidence or sensationalise cases.

A law from 1925 bans all other filming in crown courts.

Justice Secretary Dominic Raab said: "Opening up the courtroom to cameras to film the sentencing of some of the country's most serious offenders will improve transparency and reinforce confidence in the justice system.

"The public will now be able to see justice handed down, helping them understand better the complex decisions judges make."

In Scotland, which has its own legal system, filming has been allowed in criminal courts since 1992.

Although full trials are rarely broadcast because of strict rules, broadcasting of sentencing in major cases has been fairly common since 2012.

Jurors were told the grandson had autism which, combined with other emotional and mental factors, diminished his responsibility for the killing.

Due to his condition, he "did not think there was an alternative to killing his grandfather", Judge Munro said.

In 2016, Ben Oliver was convicted of sexual offences against a young girl when he was aged 15, the court was told.

Ms Munro said this was "learned behaviour from your own childhood".

His step-dad was "extremely cruel" and physically violent towards him, the court heard.

The man, named only as Steve in court, subjected Ben Oliver "to a sexualised environment", and introduced him to child pornography at the age of five.

Psychologists appointed by the court described Oliver as "a very damaged man who will require psychological work in the longer term", Judge Munro said.

In the months before the killing, he had become aware of allegations of sexual abuse against his grandfather, who was also said to have mistreated his wife and had affairs, jurors were told.

His grandmother told him she could not have peace until her husband had died.

The defendant was also depressed and had attempted suicide several times, jurors heard.

Mr Mably said: "He was a troubled and angry young man."

Analysis box by Dominic Casciani, home and legal correspondent

Every day, reporters, victims or their families listen to a judge delivering a sentence. This is often a lengthy analysis of a crime, the defendant's culpability, and the harm they have caused - along with the mitigating factors in their often sorry lives.

In short, jailing criminals is simply not a case of plucking the first number of years that comes to mind.

There is only so much that reporters like me can say on any given day about a particular case. We inevitably have to gloss over some of the details.

This major reform, in favour of greater transparency, fills that gap.

For the first time, the public will be able to watch a judge performing their work in full, in the name of public protection.

And anyone who watches the cases as they begin to be published on YouTube will soon see how this complex public duty is a world away from TV dramas or simplistic headlines.

Follow BBC London on Facebook, Twitter and Instagram. Send your story ideas to hellobbclondon@bbc.co.uk

Rabu, 27 Juli 2022

Labour frontbencher Sam Tarry sacked after giving TV interview on picket line during rail strike - Sky News

A Labour MP has been removed from the party's frontbench by Sir Keir Starmer after giving a TV interview on the picket line during a rail strike.

Sam Tarry, the MP for Ilford South and shadow transport minister, was this morning at Euston station along with rail workers taking industrial action over pay and conditions.

He told Sky News the way the government was treating them was disgusting.

Another rail strike announced - live updates

Labour frontbenchers were banned from joining picket lines during last month's strikes.

A spokesperson from Labour said the party "will always stand up for working people fighting for better pay, terms and conditions at work".

But they added: "This isn't about appearing on a picket line. Members of the frontbench sign up to collective responsibility. That includes media appearances being approved and speaking to agreed frontbench positions.

"As a government in waiting, any breach of collective responsibility is taken extremely seriously and for these reasons Sam Tarry has been removed from the frontbench."

It is understood the decision was made over comments Mr Parry made in a Sky News interview where he suggested workers could not be offered a below-inflation pay rise. Labour's position is that pay negotiations are for unions and ministers.

A senior Labour source has told Sky News: "You can't make up your own policies on an unauthorised national TV appearance and expect it all to be fine."

They added: "It's also a hilarious amount of attention for an absolute nobody who has never achieved anything

Liz Bates Analysis

Liz Bates

Political correspondent

@wizbates

The sacking of Labour’s shadow transport secretary Sam Tarry has reignited long-standing tensions between the left of the party and the leadership. Keir Starmer – desperate to draw a line under the Jeremy Corbyn era – has told his MPs not to go out on picket lines alongside striking workers. He wants Labour to be seen as a government in waiting not a protest movement. But Sam Tarry and others believe that is a betrayal of the party’s history and commitment to solidarity with the unions. His numerous media appearances this morning on the frontline from Euston angered senior figures who swiftly ousted him from Starmer’s frontbench. Since then he has continued to stir up trouble, saying he has spoken to union bosses who are furious and on course for a showdown with Labour’s top team. Meanwhile, a senior Labour source has told Sky News: “You can’t make up your own policies on an unauthorised national TV appearance and expect it all to be fine. They added: “It’s also a hilarious amount of attention for an absolute nobody who has never achieved anything.” Clearly there is no love lost between the two sides. And as the strikes continue over summer it look likes Labour infighting could carry on as well.

The move has sparked outrage among allies of Mr Tarry on the left of the party.

But the former frontbencher has notably declined to criticise the Labour leadership himself, instead hitting out at "callous and incompetent ministers" who he accused of refusing to negotiate with trade unions.

He said it was "a real shame" to be sacked for "standing shoulder to shoulder" with striking workers, adding Labour was "going to really struggle to win the faith of the British people" as more strikes take place in different sectors.

But he said he was a Labour "loyalist" and offered his thanks to Sir Keir for letting him serve on the frontbench, claiming he had been "a real asset to the party, making sure our agenda of progressive transport policies is put forward".

He said: "I'll be supporting and campaigning for our Labour Party to get into Number 10 and I believe that that is possible.

"But I believe that is possible on the basis of real solidarity and real solidarity means not turning our backs on people that created and made our party and make us strong on a daily basis."

Mr Tarry caused a stir when he turned up at the picket line this morning alongside RMT union boss Mick Lynch.

He denied defying party orders, saying: "I'm not defying anybody. I'm here supporting 40,000 low paid transport workers who decided to go on strike."

He continued to tweet his support for the strikes afterwards, saying he was "proud" to be on the picket line.

'Wake up and smell the coffee'

A number of MPs on the left of the Labour Party have tweeted their support for Mr Tarry after his sacking from the frontbench.

John McDonnell tweeted: "This must be the first Labour MP to be removed from his frontbench position for joining a trade union picket line to support workers."

Kate Osamor said: "Solidarity @SamTarry. The Labour Party exists to fight for ordinary people. We must never lose sight of that."

And Zarah Sultana said: "Labour MPs should be proud to stand with workers. The clue is in the name."

The TSSA transport union also slammed the decision, saying they were "ashamed" of the Labour party.

TSSA General Secretary Manuel Cortes said: "Whatever excuses the Labour Party makes about the reasons for Sam being sacked, the reality is that Sam has shown solidarity with his class and we applaud him for that. The Labour Party needs to wake up and smell the coffee. If they think can win the next general election while pushing away seven million trade union members, they are deluded."

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Archie Battersbee's family granted more time to appeal against ruling - BBC

The parents of a boy at the centre of a life support treatment fight have been given more time to make an appeal.

Archie Battersbee,12, was found unconscious at home in Southend, Essex, on 7 April.

On Monday his family lost a request to appeal a High Court ruling that stated treatment could lawfully end.

The Christian Legal Centre, who support the family, said they have been given an extra day to make an application to the European Court of Human Rights.

Archie has not regained consciousness since he was found by his mother, Hollie Dance, who believed he had been taking part in an online challenge.

Doctors treating Archie at the Royal London Hospital in Whitechapel, east London, think he is brain-stem dead and say continued life-support treatment is not in his best interests.

On Monday Court of Appeal judges Sir Andrew McFarlane, Lady Justice King and Lord Justice Peter Jackson refused to overturn the last High Court judgement which ruled treatment could end.

Lawyers for the family had asked for the ruling to be postponed after Mr Battersbee became ill outside court prior to the hearing.

He was taken to hospital but has since been released.

Ms Dance also wanted judges to adjourn their ruling on the basis that she had "video evidence" that indicated Archie, who is attached to a ventilator, had twice tried to breathe for himself on Friday and Saturday.

The family had been given until 14:00 BST on Wednesday to make an appeal to the European Court but have now been granted an additional 24 hours by appeal judges.

In a statement Ms Dance said: "All we have asked for from the beginning is for Archie to be given more time and for Archie's wishes and ours to be respected. As long as Archie is alive, I will never give up on him, he is too good to give up on.

Barts Health NHS Trust, which runs the hospital had taken the case to the courts to get a ruling on what was in the best interests of Archie, who the court heard suffered catastrophic brain injuries.

Judges in two separate High Court hearings had previously ruled against his parents, who wanted treatment to continue while his heart was still beating.

Find BBC News: East of England on Facebook, Instagram and Twitter. If you have a story suggestion email eastofenglandnews@bbc.co.uk

Babak Belurs

Jumat, 29 Juli 2022

Wagatha Christie case: Rebekah Vardy loses libel trial against Coleen Rooney - Sky News

Kamis, 28 Juli 2022

Leiland-James Corkill: Killer lied to social workers, report finds - BBC

'Increasing debt'

'Repeatedly misled'

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Grandfather killer jailed in first TV sentencing in England and Wales - BBC

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Labour leader Sir Keir Starmer says he sacked shadow minister for making up policy 'on the hoof' at picket line - Sky News

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Rabu, 27 Juli 2022

Labour frontbencher Sam Tarry sacked after giving TV interview on picket line during rail strike - Sky News

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