Contempt threat to `Daily Mail'

The Daily Mail could face a contempt of court charge over its decision to publish the identities of five men it claimed murdered the black teenager Stephen Lawrence.

Following claims made yesterday by Lord Donaldson, the former Master of the Rolls, that the newspaper had interfered with the course of justice, the Attorney General's office said it was considering whether there had been a contempt of common law.

There has been a mixed reaction to the Mail's decision last Friday to name the five following an inquest jury's verdict that Stephen was "unlawfully killed in a completely unprovoked racist attack by five white youths." Describing the five as murderers, the newspaper said they could sue for libel if they were innocent but none has chosen to issue a writ so far.

The most critical response came from Lord Donaldson in an interview on BBC Radio 4's Mediumwave yesterday. "The action of the Daily Mail has without doubt interfered with the course of justice," he said.

He added: "I would hope that the Attorney General would refer the matter to the courts at the earliest possible opportunity".

The Daily Mail said its lawyers were satisfied it had committed no contempt of court, either statutory or common law. The Attorney General's office agreed with the newspaper over the statutory element of any possible charge, as no civil or criminal proceedings are active against the five. Therefore, there are no proceedings to prejudice.

Later, however, it issued a statement saying: "Lord Donaldson's suggestion that there might be a contempt of common law will be carefully examined."

Under the Contempt of Court Act, an offence is committed if it can be proven beyond reasonable doubt that publication of pertinent details was made with the intent to interfere with the administration of justice.

The inquest jury's verdict of "unlawful killing" came only after several attempts to bring criminal and civil prosecutions had failed. The Southwark coroner, Sir Montague Levine, said efforts to prosecute those responsible for stabbing Stephen Lawrence had been stymied by "a wall of silence and fear".

A case against two of the youths was abandoned in 1993 when the Crown Prosecution Service ruled there was insufficient evidence to secure convictions. A private prosecution brought by the Lawrence family was halted last year when the judge deemed the evidence of a key witness, Duwayne Brooks, a friend of Lawrence's, unsafe.

Ronald Thwaites QC, one of the five's defence counsel, criticises the Daily Mail in a letter to today's Times.

He said the newspaper was aware that the men were unemployed and could not afford to sue. "To bait them with headline taunts therefore involves little risk, requires no courage and will be seen by informed observers as a cynical exploitation of a truly tragic event," he says.