IN THE HIGH COURT OF JUSTICE
and ________ BETWEEN ___________
Coram: Hon. Liu, Mayo and Mantell JJ. in Pull Bench
Date: 28th October, 1983.
1. In this application, the Attorney General seeks an order for committal for contempt of court under R.S.C. Order 52 arising out ofthe publication on 5th August 1983 in the 1st respondent’s newspaper of a photograph and article which bear upon pending criminalproceedings.
2. We accept that the approach to such matters is that put forward by the Attorney General and in particular that in the circumstancesof this case a monetary penalty is sufficient.
3. The measures which it is reasonable for any particular newspaper to take to guard against the publication of offending material willdepend upon a number of circumstances including its size and circulation. In this case, it seems to us that the steps taken up tothe date of the publication of the photograph and article were inadequate and have remained so since. The 1st respondent will befined $50,000, the 2nd respondent will be fined $25,000. We accept the explanation and apology of the 3rd respondent and in his case,impose no penalty. The costs of this application and the application for leave will be paid by the 1st respondent.
Mr. M.D. Thomas, Q.C. Hon Attorney General with Mr. Peter Graham and Ms L.W. Yuen, for the Applicant.
Mr. Francis Eddis instructed by Messrs. H.M. So & Co. for the Respondents.