APPENDIX 4
Letter from the Editor
of The Guardian to the Chairman of the Committee
I am writing to express
my grave concern at the procedure being adopted by the Standards
and Privileges Committee in investigating the case of Neil Hamilton.
As you are aware, The Guardian's
original articles about Mr Hamilton were the subject of a libel
action which we were prepared to defend in a court of law. Mr
Hamilton dropped that action and announced that he would take
his case to Sir Gordon Downey. In doing so he expressed every
confidence in him saying: "He used to be the Comptroller
and Auditor General [and] is perfectly capable of assessing this
evidence."
We were impressed by the
care, fairness and seriousness with which Sir Gordon and Mr Pleming
approached their task. This was a case of great complexity, and
we think your committee was well-served by the Commissioner.
He, in turn, was generous enough to acknowledge the role this
newspaper played in bringing serious abuses to the attention of
parliament. At paragraph 33 he wrote:
"I also wish to acknowledge
that, but for the Guardian's persistence in pursuing its original
investigations, many of these serious allegations would never
have been brought into the open."
So that was the situation at
the beginning of July. Mr Hamilton had chosen this tribunal.
The tribunal had ruled. That, we imagined, would be that.
It was with some astonishment,
then, that we learned that Mr Hamilton was to be allowed the opportunity
to present his case all over again for the best part of two and
a half hours - entirely unchallenged and on live television.
Mr Hamilton, who had waived
parliamentary privilege when it suited him, was granted the shield
of parliamentary privilege to make the gravest possible accusations
against virtually everyone else connected with the affair. In
particular, he was allowed to make the accusation that two senior
reporters on this paper had entered into a conspiracy with its
former editor and myself to lie and to doctor evidence to the
inquiry.
It appeared to us that,
with two exceptions, Mr Hamilton did not produce any evidence
which was not available to Sir Gordon and Mr Pleming. The points
he made were the same points he had repeatedly made in oral and
written submissions to the inquiry. His complaint was that they
were not given sufficient weight. We ourselves could make similar
arguments about different aspects of the case.
The two new pieces of evidence
were an alleged new entry in a previously "lost" diary,
upon which little turned, and the allegations about the safe deposit
box, which had no direct relevance to the case, which have been
denied and which appear to have originated from a source whose
own motives could well be questioned.
By introducing the allegations
about the safe deposit box Mr Hamilton attempted to expand the
scope of the inquiry to include material relevant only to the
long-standing feud between Mr Tiny Rowland and Mr Al Fayed. We
understand that Mr Hamilton has, indeed, been in touch with Mr
Rowland over this material. It is surprising to us that the Standards
and Privileges Committee should allow its proceedings to be used
for Mr Rowland to attack Mr Al Fayed by proxy - all unchallenged
and under the cloak of privilege. Can it really be the Committee's
intention to re-open the entire Rowland-Al Fayed saga?
I cannot be sure how your
Committee intends to proceed. But it seems only fair that The
Guardian should now be allowed the same facility as Mr Hamilton.
That is, we should be given up to two and a half hours in which
to address the Committee unchallenged in public, on live television
and under the cloak of parliamentary privilege.
We will, of course, wish
to defend the reputation of the journalists whose reputation has
been attacked by Mr Hamilton. But we will also seek, as Mr Hamilton
did, to introduce extraneous material which reflects upon his
trustworthiness as a witness. We believe that the material we
shall seek to bring before the public will demonstrate that Mr
Hamilton cannot be relied upon to give truthful evidence. In
particular, we shall ask the Committee to investigate whether
Mr Hamilton was a truthful litigant in his libel action against
the BBC.
It is, of course, entirely
right that a complaint about an MP should be subjected to rigorous
examination. We have never objected to that. We believe that
Sir Gordon and Mr Pleming tested our evidence as sternly as anyone
could reasonably expect. But it is difficult to imagine a greater
deterrent to anyone contemplating making a complaint against an
MP in future than that the MP should be given carte blanche to
destroy their reputations on live television, with complete immunity
and free from any form of challenge.
I look forward to hearing
from you.
17 October 1997
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