22 Mar 2008

ARCHER AND HIS VICTORY OVER EXPRESS NEWSPAPERS TURNS TO GRIEF 14 YEARS LATER!

As the two stories below confirm. taking on Express Newspapers and getting half million pound payout, plus costs, may seem sweet at the time, with Champagne corks popping, but there is always a nasty sting in the tail. In Lord Archer's case, four years for perjury AND a £2.2M demand from Express Newspapers for their money back, with interest!


Archer wins record £500,000 damages
Andrew Rawnsley
guardian.co.uk,
Saturday July 25 1987
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This article was first published on guardian.co.uk on Saturday July 25 1987. It was last updated at 17:11 on July 19 2001.Mr Jeffrey Archer was yesterday awarded record libel damages of £500,000 and more still in costs from the Star newspaper for accusing him of paying a prostitute for sex.
With costs of the three-week High Court trial estimated at £700,000, the Star 's front-page story published last November will cost its owners, Express Newspapers more than £1 million.
The former deputy chairman of the Conservative Party had told the jury he was a fool for paying £ 2,000 to the prostitute, Monica Coghlan, but not a liar when he denied ever sleeping with her.
After shaking each of the jurors by the hand, Mr Archer left the court saying the 'verdict speaks for itself. ' He was silent on his future political ambitions, nor would he comment on how he intends to spend the £500,000 which is tax-free.
Mr Archer is understood to have an arrangement with a Sunday newspaper for his account of the three-week trial.
The News of the World said it would still be defending Mr Archer 's further action against it for its story which first linked him with Miss Coghlan and which led to his resignation.
The paper's lawyers are, however, thought to be pressing for an out-of-court settlement following an admission to the Star libel jury by the paper's former editor, Mr David Montgomery, that his story had also implied that Mr Archer and Miss Coghlan had sex.
Mrs Mary Archer , who sat alongside her husband throughout the trial, said she was 'grateful and delighted. '
The Star 's editor, Mr Lloyd Turner labelled in court 'the silent editor' for his decision not to appear in the witness box in defence of his article - would only say that Express Newspapers would be appealing.
The judge, Mr Justice Caulfield had earlier been forced to recall the jury after admitting to 12 'inaccuracies and mistakes' in his summing-up following submissions by the Star 's counsel, Mr Michael Hill QC.
The jury of eight men and four women, returned to the jurors' room after a recall regarded as extraordinary by lawyers, took just over four hours to find in Mr Archer 's favour.
His counsel, Mr Robert Alexander QC had demanded 'enormous damages' for the Star story, which he described as 'the gravest, most ruthless libel of modern times' for branding Mr Archer not only as a user of a prostitute specialising in 'kinky sex,' but a liar for denying it afterwards.
Though the £500,000 does not quite match the cost of 'all the tea in China' suggested by Mr Alexander, it is a record for British libel damages. The previous record was set six weeks ago, when damages of £450,000 were awarded to a former Royal Navy officer, Lieutenant Commander Martin Packard, against a Greek newspaper.
The costs of the three-week trial, estimated at up to £700,000, are also thought to be a record for the length of hearing. The most expensive action was the £1.2 million in costs paid by the BBC after an action brought by a Harley Street slimming specialist, Dr Sidney Gee, in 1985. That hearing lasted six months.
Mr Justice Caulfield called for 'dignity' in the courtroom as gasps and muted cheers greeted the jury's verdict. He told them they had carried an 'enormous burden' over the last three weeks and would be excused from jury service for 15 years.
He refused an application by Mr Hill for a stay on payment pending appeal. The Star was also injuncted not to repeat the libel.
After the millionaire novelist lingered for a few minutes to sign autographs, the Archers forced their way out of the melee of reporters and members of public in court for the most publicised libel action since Liberace sued the Daily Mirror in 1959.
Mrs Archer said they would be going home for a weekend to Granchester, near Cambridge, to rest and celebrate. 'We might,' she said, 'open a bottle of champagne. '


BUT THEN.....Justice can be slow but arrives in the end...The Prostitute says yes I maybe a prostitute but I am not a liar, like him. How said that she was killed just before the trial, when a robber ran into her car..


The end: Archer goes to jail By Sue Clough, Courts Correspondent
Last Updated: 2:59am BST 20/07/2001
Page 1 of 2
THE roller-coaster career of Jeffrey Archer, politician, failed businessman and millionaire novelist, came to a dramatic halt yesterday when he was jailed for four years for lies he told in his libel action 14 years ago.
After four days of deliberation, an Old Bailey jury convicted him unanimously of two charges of perjury and two of perverting the course of justice.
He will initially serve his sentence at the high-security Belmarsh prison in south-east London. The judge, Mr Justice Potts, said the case was "the most serious offence of perjury I have experienced" and that he must serve at least two years.
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In the libel trial, Archer won a record £500,000 from the Daily Star over allegations that he slept with Monica Coghlan, a prostitute "willing to engage in perverted sexual practices".
Yesterday the judge told him that if the libel jury had seen the evidence he had seen, "it is unlikely in the extreme you would have succeeded".
The paper is demanding its money back, with damages and interest, totalling £2.2 million. The News of the World, which settled a separate libel action, is seeking repayment of £500,000. These demands, with Archer's own legal costs, could bring his total bill to more than £4 million.
The judge appeared to question the evidence of Lady Archer, who accompanied her husband to court, as she had done throughout.
As Nicholas Purnell, QC, pleading for Archer's freedom, said that his client had not compounded any lies told 14 years ago by evidence in the trial, the judge said: "What about the evidence of Lady Archer?"
Police said later that they were considering whether to investigate Lady Archer's evidence.
When the four guilty verdicts were given by the jury of six men and five women at 12.20pm, there were cries of "yes" from the public gallery. Archer and his wife remained motionless.
He was cleared of a further charge of perverting the course of justice. His co-defendant, Ted Francis, a film producer, was acquitted of the one charge he faced: of perverting the course of justice by providing a false alibi for Archer for the night it was at one point said he had a £70 sex session with Miss Coghlan in a London hotel room.
The judge said that Archer had been convicted on clear evidence. "Sentencing you, Lord Archer, gives me no pleasure at all, I can assure you. It has been an extremely distasteful case.
"The fact is that in January 1987 you set out dishonestly to manipulate the proceedings that you had chosen to institute against the Star."
It was Archer's ambition to be the first mayor of London that led to his conviction. Francis, an old friend with whom he had fallen out, went to the News of the World after the former Conservative deputy chairman had been selected as the party's candidate in the mayoral election.
He told the paper that he had constructed a false alibi for him for the night in September 1986 that it was at first suggested he had been with Coghlan.
In its front-page story published last November, the Star had alleged that Mr Archer paid Miss Coghlan £50 for sex and £20 for 'extra time' during a 15-minute session in a Mayfair hotel.
It appeared five days after the first story that Mr Archer had paid Miss Coghlan £2,000 for a trip abroad had appeared in the News of the World under the headline 'Tory boss Archer pays off vice girl,' and after categoric denials from Mr Archer that he had either met or slept with Miss Coghlan.
In court, he told the jury that he was an 'honourable fool' who had been duped by Miss Coghlan into paying the money out of compassion and the victim of an elaborate set-up by the News of the World.
She had led him to believe that by sending her abroad he would be able to 'nail the lie' that they had ever had sex together.
Five days after his resignation, the Star had compounded the libel under the headline 'Poor Jeffrey: vice-girl Monica speaks: Archer the man I knew. ' It was designed, his counsel had told the jury, as 'the killer blow' to wipe out any further chances Mr Archer might have had of political office. He had demanded damages which would 'stamp on it' and 'strike a blow for a cleaner press. '
By their verdict, counsel had told the jury, they could determine Mr Archer 's political future.
Despite yesterday's verdict, the prospects of any return to an official post in the Conservative Party are thought to be very remote.
But the publicity of the trial is likely to have guaranteed bigger audiences yet both for Mr Archer 's cheerleading tour of the constituencies and for his books.

He had originally agreed to this because he thought he was covering up a dinner date that Archer was keeping with his then mistress, Andrina Colquhoun. He realised only much later that the alibi was for the libel trial.
Archer promised in return a £20,000 loan to help pay for a film Francis was hoping to make. The relationship between the two men cooled when, at one of Archer's vaunted Krug and shepherd's pie parties at his penthouse on the Embankment, he told another guest in Francis's hearing: "You want to watch this fellow. I lent him £20,000 and I'm still waiting for it to come back."
At the libel trial, Francis's alibi was not needed in the end because of a mix-up over the dates of the sexual encounter.
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Instead, Terence Baker, Archer's agent, who has since died, said he had met the peer by chance on the crucial night and they had talked until well after the time the Star claimed that he had picked up Miss Coghlan in Shepherd Market.
The criminal case revolved around a diary kept by Angela Peppiatt, Archer's personal assistant. Because Mrs Peppiatt's genuine diary of appointments listed a meeting with Mr Baker for the next night, Archer ordered her to make new entries in a blank diary.
It was this diary which was used in the libel case. It has since disappeared. Worried about the dishonesty her employer had involved her in, Mrs Peppiatt kept her genuine diary as "an insurance" and handed it to police in 1999.
During seven days in the witness box, Mrs Peppiatt was accused by Mr Purnell of faking the diary to cover up that she was fiddling her expenses. This she angrily denied.
It was Lady Archer's evidence about the diary that was questioned by the judge. She said she remembered the main office diary for 1986 being of A4 size, whereas Mrs Peppiatt and another witness said it was smaller.
Archer's involvement of Mrs Peppiatt drew particular criticism from the judge. He had drawn her in knowing that she had suffered a broken marriage and had children to support, he said.
He ordered Archer, who will be able to retake his seat in the Lords when he is freed, to pay £175,000 towards prosecution costs with an extra year's jail in default.
Lady Archer left the Old Bailey with her sons William, 29, and James, 27, without comment. But Tony Morton-Hooper, her husband's solicitor, said: "Lord Archer and his family are shocked and disappointed. We shall be lodging an appeal."
Miss Coghlan, who was killed shortly before the trial when a robber crashed into her car, always maintained that the sex session Archer denied had taken place.
She said: "I want him to suffer like I have suffered; I want him to squirm. But most of all I want him to tell the truth. I have never denied what I was; I was a prostitute. But I wasn't a liar. He is."

209 comments:

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Unknown said...

Hiya Hope

cor he is nice, is it the one who has cancer whose name escape me, I cannot see him that well!

What is worse with my own addiction is I sit here with cups of tea and cigarettes! but also had a lovely day before I came to have a fix:-)

Just been watching Monty Don's 80 gardens around the world which firmly convinced me I hate formal gardens! I think I have always been a wile chile !

Luv Viv x

Anonymous said...

Hi, presumably as this is a Portuguese investigation, assisted by the British police, Portuguese rules of engagement will apply in the forthcoming questioning. That is, while they remain Witnesses, the Tapas three in particular, will have to answer questions or be in contempt of the process. They'll have to account for themselves with no recourse to lawyers being present, for as long as the police wish. Only if the police confirm criminal activity will they confir further Arguidos status on some, at a later stage when their right of refusal to answer questions will not matter. All this will have been carefully planned, together with videoing of the questioning so that profilers can analyse results at their leisure. In some ways perhaps a more productive process than the British process, for example when tha paedophile 'Stone' was convicted despite continually answering "no comment" in police interviews. The outcome should prove very interesting, and perhaps the Portuguese press will be more accurately informative than the British red tops from now on I think, as Clara spins more desperately in ever decreasing circles!

Unknown said...

Hiya again Hope

Yes I am sure they will have a great big chart, setting out all the different versions they themselves have given and contrasting with what other witnesses state to clear flag up all the lies. Getting their heads together and then changing versions would also show up..

That old saying actions speak louder than words. Giving Murat his property back clearly demonstrates it is not going to be used as evidence against him in any court case. Releasing him as an arguido now though would start an inevitable wave of the McCanns are guilty! That could be a good reason for not formally releasing him but I am sure he will be feeling very relieved by now having reassurance from him lawyer.

They may be trying to stop that inevitable wave but I can clearly see where this is headed and why they want to interview Tanner OB and Payne first - they will get the third degree pointing out just how much trouble they are in, and what sort of a sentence they could expect..There is no point interviewing the McCanns again, they are definitely going to be charged, after all. No doubt their lawyers have already told the prosecutor they will not answer any further questions.

Would I be right in thinking Clarence has recently confirmed Tanner OB and Payne have not changed their story but did not mention the others? Sometimes it is what people fail to mention that can be a dead give away!

hope4truth said...

Hey Viv

He is the very lovely David Boreanz (he had a TV show called Angle a vampire with a soul) it was a spin off from Buffy and although daft made me laugh and I think he is lovely. He is in Bones which is on Sky now but I loved him as Angel....

xxxx

hope4truth said...

Viv

I dont blame them for not re interviewing Kate or Gerry what would be the point?

It makes no sense if they are guilty of nothing more than neglect for them to refuse to answere questions and as for the rest of them if there is nothing to hide the story's should all add up.

If they have lied about how often the checked or seeing egg man etc they may have let the PJ overlook someone who did take Madeleiene.

If a child is missing you tell the truth you cant think of yourself as if you lie you could put the child at risk as you are not giving the correct time that she was last seen etc...

If any of them are covering because they know what happend and she was not abducted then they have to think long and hard about what they say. Guilt will eat away at them and will only get worse over the years a child deserves justice.

If she was not abducted and they know what happend they can lie all they like but one day one of them will crack. Relationships finish and their own children will grow up and start asking questions and the guilt will eat away until they have to tell the truth.

If Gerry and Kate are telling the truth then they acted in a very strange way when she was taken and continue to do so if they are lying and get away with it they will have to spend the rest of their days worrying about other people talking or evidence such as a body turning up...

Unknown said...

Hi Eureka

What a great post. Yes, I agree with you this will have been carefully planned. It is the same in any litigation careful tactics are important to ensure you win the case..preparation before trial is key!

It is no different in UK or Portugal. Witnesses to a homicide investigation who fail to co-operate could be looking at custody - they must answer the questions put and have no right to refuse. So it has been a clever tactic in not previously naming them as arguidos.

We saw the procedure in action with Kate and Gerry McCann. Firstly they get interviewed as witnesses. However, if the police are going to put anything to them that accuses them personally of a criminal offence then they have to be made arguidos first. In UK law the equivalent is cautioning them. I am not sure which rules would apply here but I think possible our own. That would mean the police could get half way throught the inverview and then have a break, caution them and then start again. It could mean that OB, Tanner and Payne face two completely separate interviews like the McCanns, first as witnesses and then again as arguidos or having been cautioned by our police. WE always tape record interviews and as you say that will enable the psychologists to study them. Behavioural evidence in such cases can be of crucial assistance to the court in forming a view as to a witness or defendants credibility.

From what I have seen of Tanner, she is a hopeless liar. I think it was a grave error to put her on Panorama, but as Gerry said they were engaging in an "aggressive and risky strategy" and he would not be bothered about Jane, would he, Kate neither IMO if he has to make a straight choice. His only reason for protecting her is to try and keep her quiet.

As you point out, in very serious cases, like Stone, they are the ones who go through the interview repeatedly saying no comment. Not the conduct of an innocent person. It is known that innocent people can become hyper-talkative when wrongly accused, but there again so can clever psycopaths..generally though they become quiet and unco-operative. Shipman even turned his chair around to face away from the police!

As far as redtops go, I see the Daily Mail are printing increasingly hostile stories for the McCanns, taking care not to actually say they are guilty!

I also note Clarence has moved to Portugal with his spin, having it printed in 24 Horas which recently ran a story again telling us it was an abduction..They are affilidated to American news media that has, for the most part, been consistently Pro-McCann..

-------


Eureka said

Hi, presumably as this is a Portuguese investigation, assisted by the British police, Portuguese rules of engagement will apply in the forthcoming questioning. That is, while they remain Witnesses, the Tapas three in particular, will have to answer questions or be in contempt of the process. They'll have to account for themselves with no recourse to lawyers being present, for as long as the police wish. Only if the police confirm criminal activity will they confir further Arguidos status on some, at a later stage when their right of refusal to answer questions will not matter. All this will have been carefully planned, together with videoing of the questioning so that profilers can analyse results at their leisure. In some ways perhaps a more productive process than the British process, for example when tha paedophile 'Stone' was convicted despite continually answering "no comment" in police interviews. The outcome should prove very interesting, and perhaps the Portuguese press will be more accurately informative than the British red tops from now on I think, as Clara spins more desperately in ever decreasing circles!

Unknown said...

Hiya Hope

I agree there is no point re-interviewing them, they are not prepared to say any more and that is their right. Guilty people can make it hard for the police by forcing them to prove the case. Kate and Gerry McCann were never the sort of people who were going to crack and make it easy for them.


If the only thing that Kate and Gerry McCann were guilty of was neglect, this case would not be ongoing. It is not what they are being investigated for.

If there really had been an abduction there would be no reason for them to lie. What is clear is that they have told a mass of inconsistent lies.

When police are dealing with clever people like this they do not crack and the police do not really imagine that they will. What they do is lie and it is the inconsistency of the lies, the failure to provide a reasonable explanation for the evidence that convicts them. When you look at murder cases committed by psycopaths they never admit it, they just cannot do that. Huntley tried to claim it was all a bit of an accident, Shipman just would not admit it at all.

On the basis of all the lies I have seen, this case will go to court, and they will be convicted, whether they choose to admit it or not. This is often the way in serious criminal cases. It is a terrible thing to admit.

hope4truth said...

Viv

The longer this goes on the sadder it becomes no news about Madeleine and for the most part she has been forgotten it is all about her parents.

Poor little thing if she had been taken she would have gone through hell and all her parents seem worried about is what people think about them. Not nice to be accused of something by papers if you had not done it but they wanted the media circus and I have never read good things about people who neglect their children so why did they think they would be treated any diffrently???

In fact I have read a lot worse about people who have 9 children and dare to bring them up on benefits and moan about wanting a bigger house.

What a strange world we live in x

Unknown said...

Hiya Hope

I accept that it is highly unlikely Madeleine will ever be found and even if she is it will be her body. Most bodies are found unless they have been particularly well hidden and we all recall Gerry's words. I have always felt she is in deep water and the sea would be most obvious. Clearly the PJ thought this too, remember their enquiries to fishermen about black bin bags and seeking expert advice from oceanographers. I know you like to continue to hold out hope but I am afraid in more recent months the only thing I have continued to hold out hope for is the recovery of her little body.

But, I will never forget about Madeleine, this is what it is all about. A lovely little girl's life cut short by wicked and neglectful parents before she even reached four. As you say the neglect tells us what sort of parents they are.

I want Justice for Little Madeleine and for all abused little children. I know you want the same, but we cannot have Madeleine back. That is a very sad reality. More sad, it would seem, for us, than her own parents.

Luv Viv x

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