Why did Ponting commit the Offence?
He was charged with an offence under the Official Secrets Act 1911 s. 2(1), in particular, he was accused of leaking documents revealing that the Government covered up the catastrophe of the Argentine ship during the Falklands war.
What was Clive Ponting charged with?
Ponting was subsequently charged under the ‘catch-all’ Section 2 of the Official Secrets Act of 1911 becoming the first person to be prosecuted under the Act for leaking information to Parliament.
Can a judge over rule a jury?
The judge can direct a jury, but cannot oblige it to go along with his interpretation. The law makes it clear that this is an offence and, assuming that the accusation is proven beyond any reasonable doubt, a judge would probably request a guilty verdict to be returned.
Do juries get it wrong?
(Ministry of Justice data states that 56 per cent of defendants who pleaded not guilty were acquitted in 2017, but in-depth studies over many years by Professor Cheryl Thomas – more on her work later – show that in fact 63.5 per cent of jury verdicts are guilty, with 35.9 per cent not guilty and 0.6 per cent a hung …
Why was Belgrano sunk?
The Belgrano had been sunk outside the 200-mile maritime exclusion zone that Britain had imposed around the Falklands and, according to reports, had actually been heading for port. The Belgrano was a threat to British ships, she said, justifying the action.
Which country has no jury?
the Netherlands,13 and South Africa. 14 Many cantons of Switzerland have no jury, but involve (sometimes elected) lay judges in criminal case dispositions. ‘
How long did the Belgrano take to sink?
Argentine response That at 17 hours on 2 May, the cruiser ARA General Belgrano was attacked and sunk by a British submarine in a point at 55° 24′ south latitude and 61° 32′ west longitude. There are 1,042 men aboard the ship.
What was the case of R v Ponting?
In R v Ponting [1985], the defendant, Mr Clive Ponting, served as the head of the Ministry of Defence department. He was charged with an offence under the Official Secrets Act 1911 s.2 (1), in particular, he was accused of leaking documents revealing that the Government covered up the catastrophe of the Argentine ship during the Falklands war.
What was Ponting’s defence at the trial?
Ponting’s defence at the trial was that the matter and its disclosure to a Member of Parliament were in the public interest. It was the first case under the Official Secrets Act that involved giving information to Parliament. Although Ponting expected to be imprisoned, he was acquitted by the jury.
What happened to John Ponting?
On 17 August 1984, he was charged with a criminal offence under Section 2 of the Official Secrets Act of 1911. The Prime Minister, Margaret Thatcher, had his pay reinstated once she had been briefed on what had happened. Ponting’s defence at the trial was that the matter and its disclosure to a Member of Parliament were in the public interest.
Why was Clive Ponting tried for Official Secrets?
In 1985 the Ministry of Defence official Clive Ponting was tried for passing secret papers about the Falklands War to an MP, but acquitted when he argued the leak was in the public interest. It was one of the most controversial and dramatic court cases in the history of the Official Secrets Act.