Inner City Press





In Other Media-eg New Statesman, AJE, FP, Georgia, NYTAzerbaijan, CSM Click here to contact us     .



These reports are usually available through Google News and on Lexis-Nexis
,



Share |   

Follow on TWITTER

Home -

These reports are usually available through Google News and on Lexis-Nexis

CONTRIBUTE

(FP Twitterati 100, 2013)

ICP on YouTube

More: InnerCityPro

BloggingHeads.tv
Sept 24, 2013

UN: Sri Lanka

VoA: NYCLU

FOIA Finds  

Google, Asked at UN About Censorship, Moved to Censor the Questioner, Sources Say, Blaming UN - Update - Editorial

Support this work by buying this book

Click on cover for secure site orders

also includes "Toxic Credit in the Global Inner City"
 

 

 


Community
Reinvestment

Bank Beat

Freedom of Information
 

How to Contact Us



Tech Investor Pishevar Wants Journalist Source Disclosed But He Cites Danger of UK Prosecution

By Matthew Russell Lee, Patreon
BBC - Decrypt - LightRead - Honduras - Source

SDNY COURTHOUSE, Feb 16 – Tech investor Shervin Pishevar through his lawyers was in the U.S. District Court for the Southern District of New York on February 10 pushing Fast Company journalism Marcus Baram to give up his confidential sources.

  Since it implicated and stands to undermine press freedom, Inner City Press was there. More on Patreon here.

  Now Baram's lawyer Toby Butterfield of Moses & Singer LLP has written, "Dear Judge Aaron: We represent Respondent Marcus Baram in the above-referenced proceeding. In accordance with Your Honor’s February 10, 2020 order [ECF No. 44], we write to explain why even the limited disclosure of the name and location of Mr. Baram’s confidential source implicates Mr. Baram’s right against compelled self-incrimination under the law of the United Kingdom. As explained in detail in the Declaration of Teresa Rosen Peacocke (“Peacocke Declaration”) [ECF No. 16], the privilege against self-incrimination under U.K. law is very broad, and is available whenever a disclosure “might increase the risk of prosecution.” Id., ¶19 (citing Den Norske Bank ASA v Antonatos [1999] Q.B. 271). See also Redfern v. Redfern, [1891] App. Cas. 139 at 147 (Eng.) (“It is one of the inveterate principles of English law that a party cannot be compelled to discover that which, if answered, would tend to subject him to any punishment, penalty [or] forfeiture.”). Here, the Applicant1 contends that Mr. Baram knew or had reason to suspect that the Forged Police Report was a forgery when he published about the Applicant’s arrest. See October 31, 2019 Declaration of Lord Macdonald of River Glaven Kt QC, (“Macdonald Declaration”) [ECF No. 6], ¶¶13, 14. Whatever representations Applicant’s counsel makes to this Court that Applicant does not presently intend to prosecute or pursue civil remedies against Mr. Baram, Mr. Baram is undoubtedly at risk of public prosecution in the United Kingdom under the Fraud Act of 2006." Inner City Press will continue on this important free press case.

   From the beginning of the February 10 oral argument before SDNY Magistrate Judge Stewart D. Aaron, Pishevan's lawyer Lucas Bento was limited his request to just the name and location of what he called Confidential Source-1.

   But shield laws generally prevent such discovery, which would put a chill on investigative reporting. At issue here was a report that Pishevar not only was arrested on allegations of sexual assault in London, but paid to make them go away.

    A source offered Baram what purported to a police report. It is now described as a falsified police report. Bento, checking his smart phone, added that the London Police say there are not arrest reports. But Judge Aaron has asked that by week's end he disclose whether Pishevar and his solicitor were given any document around the time of the arrest.   

Judge Aaron expressed doubt about Baram only half disclosing the cold water than London Police threw on the allegation at the time. He asked for three page letters, also by week's end. He declined to stay his decision until the side re-confer, saying if they reach an agreement before he rules, fine, but that he intends to rule.  
More on Patreon here.

The case is In Re Application of Shervin Pishevar for an Order to take Discovery for use in foreign proceedings pursuant to 28 U.S.C. 1782, 19-mc- 503 (Koeltl / Aaron).  

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

Feedback: Editorial [at] innercitypress.com
SDNY Press Room 480, front cubicle
500 Pearl Street, NY NY 10007 USA

Mail: Box 20047, Dag Hammarskjold Station NY NY 10017

Reporter's mobile (and weekends): 718-716-3540



Other, earlier Inner City Press are listed here, and some are available in the ProQuest service, and now on Lexis-Nexis.

 Copyright 2006-2020 Inner City Press, Inc. To request reprint or other permission, e-contact Editorial [at] innercitypress.com for