April 7, 2006 12:24 PM
It's been a good week for press freedom - the real version not the fake defence of yellow journalism.
On Thursday lawyers acting for News of the World employee Mazher Mahmood, aka the fake sheikh, declined to petition the Court of Appeal to overturn an unequivocal judgment the day before refusing an injunction against publication of photographs of him.
The judge who heard the Wednesday case, Mr Justice Mitting, threw out every one of the arguments put by Mahmood's legal team (paid for by Rupert Murdoch's News International). The prior publication of one picture in the Observer in 2001 and 2003 (over which News International sought no injunction), rather undermined their case.
But the staggering aspect of the hearing was the arguments adduced by Mahmood/News International's side. They claimed that Mahmood would be endangered by publication of the pictures. My brilliant legal team, headed by David Price, demonstrated that those who may wish to do Mahmood harm would have no difficulty identifying him, as they would have met him. And Mr Justice Mitting agreed: "I cannot begin to see how publishing a picture, with no other information, can make a difference [to Mahmood's safety]... I can see how the photo can be of use to a potential target [of his stings]..." In his judgment, he concluded, "I am satisfied that the true purpose of the application [for an injunction] is not the protection of his [Mahmood's] life but the protection of his earning capacity..."
In a brazenly hypocritical display, a further argument from News International's side was to the effect that photographs not intended for publication should never find their way into a national newspaper! The judge suggested, "The partners of footballers are frequently photographed on shopping expeditions; you can't say that their privacy is being infringed. Mahmood's QC responded, "The answer is that it almost certainly is being infringed."
Pots and kettles were flying through the air as the judge commented, "I'm surprised that that argument is being advanced from your corner." I wondered aloud whether the News of the World had decided to scuttle its ship by putting an argument that, if accepted, would put it out of business.
The judge ruled against extending a temporary injunction, awarded costs against Mahmood, denied leave to appeal and stayed his judgment for 23 hours, as Mahmood's legal team indicated they might petition the Court of Appeal yesterday. They did not.
The most grotesque argument was citing the anonymity granted Jon Venables, Mary Bell and Maxine Carr as a precedent for a worldwide ban on publishing pictures of Mahmood. This case will forever be remembered for the nauseating sight of Rupert Murdoch's News International huddling behind Venables, Bell and Carr when the News of the World would be the first to whip its readers into a vigilante gang if it had their identities.
My concern about Mahmood's activities goes back way before his attempt to suborn me, which I've written about extensively on this blog. I first drew attention to his agent provocateur tactics in a Parliamentary adjournment debate I secured on the British media on 5 June 1999. Since then, whatever good he might have claimed to have done in the past has become outweighed by the harm his activities are doing to journalism and public life.
He has crossed the cusp of reputable journalism into seeking to procure criminal acts. I promised to expose his activities and protect others in public life from him, and I have made good on that. Since then, many individuals have approached me with voluminous evidence of his activities.
This ruling is very significant, as was my libel victory against the Daily Telegraph, in setting precedents for media law. The battle with News International also again revealed the limits on the capacity of big organisations to restrict the circulation of material on the web. I understand Lenin's Tomb received not a court order from News International, but a threat to unleash the in-house lawyer. By then, the News of the World was throwing in the towel down The Strand.
This welcome ruling it is far from the end of the matter. Investigations into Mahmood are continuing, mine and others' - watch this space. I will be seeking another adjournment debate on the standards of the British media. That's a subject I intend to return to and am discussing how to pursue.
Lastly, in his submission to the court, Mahmood flatly denied that he said in his meeting with me the things I have reported on this blog and elsewhere - including to the Metropolitan Police. The News of the World can clear this up now by publishing transcripts and all other material from Mahmood's encounter with me. It promised to publish the results of its investigation last Sunday, and failed to do so. It can now strike a blow for journalistic standards by retiring the fake sheikh.
George Galloway, an MP in the British Parliament for Bethnal Green and Bow, has won a court battle allowing him to publish photos of the infamous News of the World "fake sheikh", undercover reporter Mazher Mahmood famed for setting up high-profile figures. George Galloway had a meeting with the reporter after being approached via a contact. Over dinner at the Dorchester hotel, Mazher is said by George Galloway to have asked leading questions over political party funding and to have solicited anti-semitic remarks. George Galloway became ever more suspicious, especially after seeing that the reporter's driver had a 'mouthful of gold teeth', as described in journalist Andrew Marr's book.

After threatening to release a photograph of the reporter, who has in the past tried hard to keep his identity secret, the News of the World sought an injunction against publication, claiming that they feared for his safety, and lost.

In a post on the ''Guardian'' newspaper's ''Comment is Free'' weblog, George Galloway said that Mazher "has crossed the cusp of reputable journalism into seeking to procure criminal acts".