Premier League player who had affair to be unmasked by judge

[Dodomeki]

Premier League player who had affair to be unmasked by judge

A High Court judge who refused to grant anonymity to John Terry, the England footballer, over details of an alleged affair has told another Premier League player he intends to unmask him.

By Gordon Rayner Chief Reporter
Published: 7:00AM GMT 06 Nov 2010

The same judge who refused to give John Terry anonymity will allow another premiership player to be named within a fortnight Photo: GETTY IMAGES

Mr Justice Tugendhat told the star that the media should be free to report the fact that he has obtained an injunction that prevents allegations about his private life being made public. The judge overturned an anonymity order the player had previously obtained, but ruled that it should remain in force for another 14 days while his lawyers try to reverse the decision at the Court of Appeal.

The footballer, identified only as JIH, went to court in August after articles about him were published by News Group Newspapers, publishers of The Sun, News of the World, The Times and The Sunday Times. He had argued that his “right to privacy” under Article 8 of the European Convention on Human Rights would be breached if the public was made aware that he had obtained the injunction.

Mr Justice Tugendhat said he was not satisfied that the player’s desire for privacy should override the “general principle of open justice” enshrined in Article 10 of the Convention. Unless the player’s appeal is successful, the media will be able to report on his court battle, though the details of the allegations made against him will still be covered by the original injunction, after JIH said he would suffer “distress and humiliation” if the claims were published.

The judge agreed that there was “no public interest” in the publication of details of the player’s private life, but said he was not convinced by JIH’s argument that naming him as the complainant in legal proceedings would stand in the way of justice.

“It is not possible to do perfect justice to all parties and to the public at the same time,” he said. In January Mr Justice Tugendhat lifted a super injunction that had been obtained by John Terry that not only prevented the reporting of allegations about his private life but also prevented the media from disclosing that an injunction existed.

The former England captain had been accused of an extramarital affair with the former girlfriend of Wayne Bridge, his former team-mate. Terry had argued that any article about the alleged affair would breach his right to privacy, but the judge ruled that the player’s primary concern had been to protect his advertising and sponsorship deals.

 

[Dodomeki]

Footballer extends gagging order


Footballer extends gagging order

A Premier League footballer who risked being unmasked by a High Court judge over details concerning his private life has lodged an eleventh hour appeal preventing himself from being identified.

By Victoria Ward 3:20PM GMT 24 Nov 2010

Mr Justice Tugendhat, who refused to grant anonymity to John Terry, the England footballer, over details of an alleged affair, had told the player he intended to name him. He said that the media should be free to report the fact that he has obtained a so called "gagging order", thus exposing his identity.

The judge overturned an anonymity order the player had previously obtained, on November 5, but ruled that it should remain in force for another 14 days while his lawyers tried to reverse the decision at the Court of Appeal. The order was then extended until 4pm today but the player's legal team lodged appeal papers just two hours before the deadline.

The injunction will now remain in place until an appeal is heard, which could take up to eight weeks. The footballer, identified as JIH, had argued that his "right to privacy" under Article 8 of the European Convention on Human Rights would be breached if the public was made aware that he had obtained the injunction.

Mr Justice Tugendhat said he was not satisfied that the player's desire for privacy should override the "general principle of open justice" enshrined in Article 10 of the Convention. "It is not possible to do perfect justice to all parties and to the public at the same time," he said. The footballer's lawyers came back to court last week to claim that reporting of the initial decision went too far and hinted at the nature of the allegations.

But the judge said what was published was “at a high level of generality lacking all detail,” and refused to impose a new gagging order. He said : “It remains the position that the general principle of open justice provides, in this case, sufficient general public interest in publishing a report of proceedings which identifies the claimant to justify any resulting curtailment of the rights of the claimant and his family in respect of their private and family life.”

In January, Mr Justice Tugendhat lifted a super injunction that had been obtained by John Terry that not only prevented the reporting of allegations about his private life but also prevented the media from disclosing that an injunction existed. The former England captain had been accused of an extramarital affair with the former girlfriend of Wayne Bridge, his former team-mate.

Terry had argued that any article about the alleged affair would breach his right to privacy, but the judge ruled that the player's primary concern had been to protect his advertising and sponsorship deals. Mr Justice Tugendhat said that an injunction was "not necessary or proportionate having regard to the level of gravity of interference with the private life of the applicant".

Several footballers and sportsmen have secured gagging orders in recent months, with a spate of three in just 15 days in August. Last year, Mr Justice Eady ruled that the News of the World breached the privacy of Max Mosley, the former Formula One boss, in its reporting of his use of prostitutes.