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Complainant Name:
Mr Alfred Joseph

Clauses Noted: 1, 3

Publication: Sunday Mail

Complaint:

Mr Alfred Joseph complained through solicitors, Messrs Brodies of Edinburgh, that an article headlined "The day a wife looked in her cupboard...and discovered a vice girl" published in the Sunday Mail on 25 January 1998 contained inaccuracies in breach of Clause 1 (Accuracy) and intruded into his privacy in breach of Clause 3 (Privacy) of the Code of Practice.

The solicitors contended that Mr Joseph was not a public figure and that his private life was not a matter of public concern. Furthermore, they complained that a photograph of him taken with a long lens as he was about to get into his car was intrusive. They also raised complaints about the accuracy of the article, saying that Mr Joseph had not bragged about a friendship with the Kray twins and that he had not left his former wife financially insecure following their separation.

The editor said that the complainant was a prominent businessman with a high local standing who had formed a relationship with a Ms Susan Walker, who had previously been exposed as having links with prostitution. He added that the complainant's former wife had confirmed that he had spoken of his friendship with the Krays and that she had claimed that she was left financially insecure following the separation.

The solicitors said that Mr Joseph was retired and had only lived in Edinburgh for 18 months and that his wife had abandoned her financial claim against him.

Decision:
Upheld

Adjudication:

Given the evidence before it, which amounted to a straightforward difference of contention between the parties, the Commission was not in a position to make any finding on the complaint of inaccuracy.

Although Ms Walker had previously been the subject of certain allegations in the same newspaper, the Commission could not discern how the public interest was served by highlighting the complainants relationship with her and considered that the article was a clear invasion into his privacy. However, the Commission noted that the photograph was taken as he was about to get in to his car and did not consider that he could have had a reasonable expectation of privacy in the circumstances.

This apart, the complaint under Clause 3 was upheld.

Report:
43



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