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09/08/2012
Judge Rules BBC Does Not Have To Hand Over Unbroadcast Footage
A judge has ruled that the BBC does not have to disclose unbroadcast footage of the aftermath of the shooting of Mark Duggan to the Metropolitan police.
The fatal shooting on 4 August last year sparked four days of riots across England.
Scotland Yard applied for the BBC footage as part of its investigation into Kevin Hutchinson-Foster, who is accused of supplying a gun to Duggan, which he denies.
The BBC had argued that the footage was not relevant. A spokeswoman for the BBC said: "We are pleased with the ruling which upholds important journalistic principles. Requests for BBC untransmitted material are dealt through our legal department, regardless of the subject matter.
"On this occasion we opposed the court order because on the evidence provided by the police we were not satisfied the material was relevant to their investigation and to protect the confidentiality of our source."
Judge David Radford said in a hearing at Snaresbrook crown court on Thursday he was not satisfied that the material had substantial value to the Met police case.
The Duggan footage is the latest where police have applied for a production order to get unbroadcast footage from broadcasters.
Media groups have campaigned strongly against the orders over fears they will be seen as an evidence-gathering arm of the state.
They had faced an increased number of production orders in the past 12 months, with most relating to the England riots, the Dale Farm eviction and protests in London linked to the Arab spring uprising.
(H)
The fatal shooting on 4 August last year sparked four days of riots across England.
Scotland Yard applied for the BBC footage as part of its investigation into Kevin Hutchinson-Foster, who is accused of supplying a gun to Duggan, which he denies.
The BBC had argued that the footage was not relevant. A spokeswoman for the BBC said: "We are pleased with the ruling which upholds important journalistic principles. Requests for BBC untransmitted material are dealt through our legal department, regardless of the subject matter.
"On this occasion we opposed the court order because on the evidence provided by the police we were not satisfied the material was relevant to their investigation and to protect the confidentiality of our source."
Judge David Radford said in a hearing at Snaresbrook crown court on Thursday he was not satisfied that the material had substantial value to the Met police case.
The Duggan footage is the latest where police have applied for a production order to get unbroadcast footage from broadcasters.
Media groups have campaigned strongly against the orders over fears they will be seen as an evidence-gathering arm of the state.
They had faced an increased number of production orders in the past 12 months, with most relating to the England riots, the Dale Farm eviction and protests in London linked to the Arab spring uprising.
(H)
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