Jail
Threat to Fathers' Rights Campaigner
|
30 Mar 2004
The Scotsman,
By John Aston,
A campaigner for
fathers’ rights is facing moves by the
Attorney General to have him jailed for contempt after he published
full details of a county court judgment which was subject to
reporting restrictions.
Dr Michael Pelling, of Avenue Road, Forest Gate, east London,
has become involved in family law disputes because of his own
difficulties and now advises other fathers.
Today two judges gave Attorney General Lord Goldsmith QC permission
to apply to have Dr Pelling committed to prison for causing
a judgment to be published in April 2003 relating to whether
a child, who cannot be identified, should live with his mother
or father.
The article appeared in CONTACT,
journal for the organisation East London Fathers, and on
the Internet.
Dr Pelling argued
that Article 6 of the European Convention on Human Rights,
now enshrined in domestic law by the 1998
Human Rights Act, demanded that judgments “shall be pronounced
publicly”.
A comment in Contact
on the decision to publish the judgment in full said that
secrecy laws were there to protect
a “corrupt” judicial
system.
It was also to prevent “the mother-custody
default from
being overthrown and to silence the voices of the growing ranks
of embittered fathers”.
Today Andrew Caldecott QC, appearing for the Attorney General,
said the case raised important issues of principle.
He accused Dr Pelling
of committing contempt by naming parties and publishing “sensitive details” in the judgment
about the family proceedings, including questions about the
child’s education and religious upbringing.
Mr Caldecott said
the scope of the privacy laws was plainly controversial and
properly a matter for debate – “what
is not a proper course is simply to ignore court orders”.
Mr Caldecott added: “It
is for that reason that the Attorney General feels this is
a point of principle and
enforcing
orders is really something he must be seen to do.
“It is not
a statement of political principle, but simply that court
orders must be respected.”
Giving the Attorney
General permission to apply for Dr Pelling to be jailed,
Mr Justice Silber said he had “at least
a reasonably arguable case”.
A full hearing of the application is expected to take place
in the near future.
