THE Sunday Times, being sued for libel by Mr Gerard Conlon, one of the Guildford Four, was refused access to copies of the original forced statements Mr Conlon made to Surrey police in 1974 in the High Court yesterday. Times Newspapers Ltd, London, was seeking access to copies of the confessions Mr Conlon made which led to his wrongful imprisonment.
The President of the High Court, Mr Justice Costello, dismissed the application, saying he could not see how the original statements were relevant to the defence pleadings.
The article in which the alleged defamation occurred was in The Sunday Times on February 13th, 1994, written by Ms Julie Birchall the then film critic, who was reviewing the film, In the Name of the Father.
Mr Conlon is taking the action over two statements in the review concerning his father, Mr Guiseppe Conlon. "His awe inspiring pacifist father never forgave him for implicating him in his forced confession (which Gerard doesn't do here) and he died before there was a reconciliation." The second statement was ..... after Guiseppe has been thrown into jail on his churlish son's account".
Yesterday, Mr Paul Sreenan SC, for Times Newspapers, said it admitted the statement that Mr Conlon implicated his father in forced confessions was untrue. It denied the words could be defamatory and was pleading justification of what was the sting of the words complained of. There was also a plea of fair comment.
Mr Sreenan said it was essential the full terms of the statements be made available. Unless it was in a position to prove the text of the statements, its defence would be seriously prejudiced.
A solicitor for the Sunday Times, Mr Peter Law, said the two police officers to whom the statements signed by Mr Conlon - were made were not prepared to make themselves available.
Mr Michael Farrell, solicitor for Mr Conlon, said the statements which the newspapers sought were rejected by the English Court of Appeal in October, 1989.