From Cyclingnews.com
As reported by the UK's Guardian newspaper, Lance Armstrong has won a "a significant victory" in a libel suit against media magnate Rupert Murdoch's Sunday Times of London. On December 17, 2004, Hon. Mr. Justice Eady ruled in the Queen's Bench Division of the High Court of Justice in London, England in a libel action brought by Lance Armstrong Vs. Times Newspapers Ltd., David Walsh and Alan English. In his 23 page ruling, Mr. Justice Eady examined the article published in the Sunday Times of London on June 13, 2004, written by Alan English, which reports on Times sportswriter David Walsh's book LA Confidentiel (so far only published in France). English's article on the book, written by Walsh and former L'Equipe cycling reporter Pierre Ballester initially alleged that Armstrong was associated with "illicit performance enhancing drugs", a claim Mr. Justice Eady stated that Times Newspapers Ltd. had "no room of advancing a plea of justification", which finds for the libel of Armstrong in the June 13 article.
Justice Eady initially cited a passage in the Times article, written by Walsh's Sunday Times of London colleague Alan English, that says, "'Armstrong is no ordinary cyclist, but there are those who fear that a man who won five Tours de France in a row must have succumbed to the pressures of taking drugs.' The formula 'those who fear that' is not an effective device to avoid libel."
Eady found that this and many other passages in the Sunday Times article were, "In my judgment, sufficiently powerful to colour the whole article. In the face of these (passages), it seems to me that it would indeed be perverse to conclude that the article meant no more than there were some questions needing to be investigated. The defamatory sting about Mr. Armstrong obviously goes well beyond that."
Eady continued, saying that, "The overall effect of the quotations and the events described in the article is to leave readers with the impression that Mr. Armstrong's denials of drug taking beggar belief and are to be taken with a pinch of salt." Justice Eady did refuse to rule on the "meaning" of these accusations, but found further for the libel of Armstrong, citing Justice Sedly's ruling in Jameel vs. Times Newspapers, Ltd. Throughout his decision, Eady upheld attorney Richard Spearman's brief on behalf of Armstrong, who cited example after example where media magnate Rupert Murdoch's Times Newspapers Ltd. had committed libel in other cases. Throughout his ruling, Eady disallowed Times Newspapers Ltd. claims, saying that they are "too vague and general" and had "no direct nexus with claimant."
Eady also explained in his opening remarks that the Sunday Times of London article had been given clear legal guidance in its wording and structure and that David Walsh had also stated that his claims in LA Confidentiel were "circumstantial". However, the judgment in favour of Armstrong against Murdoch's Times Newspapers Ltd. shows that English and his newspaper overstepped their bounds in quoting Walsh and Ballester's book, which slanted circumstantial accusations in a libelous manner about Armstrong.
In another part of English's June 13, 2004 article which cited Walsh and Ballester's book, Justice Eady stated that cited examples such as ***** Voet and the Festina affair at the 1998 Tour De France "were not sufficiently linked to claimant (Armstrong)" and that the claims of an increase in the average speed of the Tour De France "fails woefully short of establishing any conduct on behalf of (Armstrong) which brings suspicion on himself and also short of 'strong circumstantial evidence'".
In the qualified privilege section of his judgment, Justice Eady found that the 'tone' of the article was 'quite sensational' and 'likely to stir things up' for the purposes of the book. "Although (the article) claimed merely to 'raise questions', it could hardly be as measured, neutral or impartial reportage."
This is starkly outlined when Justice Eady points out later in his decision that, "The article written by the third defendant (English)...and no attempt was made by (English) or anyone else from the Sunday Times to contact Mr. Armstrong about the allegations they were going to make."
Rather than accede to making the changes to the Sunday Times article called for by Justice Eady in his judgment, Rupert Murdoch's Times Newspapers Ltd. has removed the offending article from its online archive. Although no final judgment on a libel award for Armstrong has been determined, nor is it clear whether Times Newspapers Ltd. will appeal the decision, with Justice Eady refusing to implement a cost-capping order for damages.
That said, besides recouping the $140,000 in costs from his solicitors Schillings, Armstrong could likely win a substantial settlement from Times Newspapers Ltd. over this libel finding, a clear vindication for Armstrong in his ongoing conflict with Irish sportswriter David Walsh, who has been the six-time Tour de France's journalistic bête noire for years.
Eady makes some very interesting observations - which I think are ludicrous.
He appears to disparage the thought that Walsh & Co put forward about the increase in average TDF speeds.
It is widely acknowledged that the 1990's peloton were fuelled by EPO - yet this supposedly clean era can ride more quickly than their drug-propelled
1990's colleagues ??
Eady then waffles on about LA not having the right to defend himself.
Since 1999, Walsh and Co have been banned from all USPS press conferences
during the TDF.
Walsh has stated here (in Ireland) on radio, that he has written repeatedly to
One Ball asking him questions about his performances and Bill Stapleton (LA's
manager) has written back to say that LA doesn't answer questions !
I have Walsh on tape saying this (if someone knows Eady's address, I'll send Eady a copy of Walsh's testimony on Irish radio).
Mr.Murdoch ought to appeal Eady's flawed judgement.
And he ought to invite the learned gentleman to try to cycle at 40 kmph for
3,500 kms !
As reported by the UK's Guardian newspaper, Lance Armstrong has won a "a significant victory" in a libel suit against media magnate Rupert Murdoch's Sunday Times of London. On December 17, 2004, Hon. Mr. Justice Eady ruled in the Queen's Bench Division of the High Court of Justice in London, England in a libel action brought by Lance Armstrong Vs. Times Newspapers Ltd., David Walsh and Alan English. In his 23 page ruling, Mr. Justice Eady examined the article published in the Sunday Times of London on June 13, 2004, written by Alan English, which reports on Times sportswriter David Walsh's book LA Confidentiel (so far only published in France). English's article on the book, written by Walsh and former L'Equipe cycling reporter Pierre Ballester initially alleged that Armstrong was associated with "illicit performance enhancing drugs", a claim Mr. Justice Eady stated that Times Newspapers Ltd. had "no room of advancing a plea of justification", which finds for the libel of Armstrong in the June 13 article.
Justice Eady initially cited a passage in the Times article, written by Walsh's Sunday Times of London colleague Alan English, that says, "'Armstrong is no ordinary cyclist, but there are those who fear that a man who won five Tours de France in a row must have succumbed to the pressures of taking drugs.' The formula 'those who fear that' is not an effective device to avoid libel."
Eady found that this and many other passages in the Sunday Times article were, "In my judgment, sufficiently powerful to colour the whole article. In the face of these (passages), it seems to me that it would indeed be perverse to conclude that the article meant no more than there were some questions needing to be investigated. The defamatory sting about Mr. Armstrong obviously goes well beyond that."
Eady continued, saying that, "The overall effect of the quotations and the events described in the article is to leave readers with the impression that Mr. Armstrong's denials of drug taking beggar belief and are to be taken with a pinch of salt." Justice Eady did refuse to rule on the "meaning" of these accusations, but found further for the libel of Armstrong, citing Justice Sedly's ruling in Jameel vs. Times Newspapers, Ltd. Throughout his decision, Eady upheld attorney Richard Spearman's brief on behalf of Armstrong, who cited example after example where media magnate Rupert Murdoch's Times Newspapers Ltd. had committed libel in other cases. Throughout his ruling, Eady disallowed Times Newspapers Ltd. claims, saying that they are "too vague and general" and had "no direct nexus with claimant."
Eady also explained in his opening remarks that the Sunday Times of London article had been given clear legal guidance in its wording and structure and that David Walsh had also stated that his claims in LA Confidentiel were "circumstantial". However, the judgment in favour of Armstrong against Murdoch's Times Newspapers Ltd. shows that English and his newspaper overstepped their bounds in quoting Walsh and Ballester's book, which slanted circumstantial accusations in a libelous manner about Armstrong.
In another part of English's June 13, 2004 article which cited Walsh and Ballester's book, Justice Eady stated that cited examples such as ***** Voet and the Festina affair at the 1998 Tour De France "were not sufficiently linked to claimant (Armstrong)" and that the claims of an increase in the average speed of the Tour De France "fails woefully short of establishing any conduct on behalf of (Armstrong) which brings suspicion on himself and also short of 'strong circumstantial evidence'".
In the qualified privilege section of his judgment, Justice Eady found that the 'tone' of the article was 'quite sensational' and 'likely to stir things up' for the purposes of the book. "Although (the article) claimed merely to 'raise questions', it could hardly be as measured, neutral or impartial reportage."
This is starkly outlined when Justice Eady points out later in his decision that, "The article written by the third defendant (English)...and no attempt was made by (English) or anyone else from the Sunday Times to contact Mr. Armstrong about the allegations they were going to make."
Rather than accede to making the changes to the Sunday Times article called for by Justice Eady in his judgment, Rupert Murdoch's Times Newspapers Ltd. has removed the offending article from its online archive. Although no final judgment on a libel award for Armstrong has been determined, nor is it clear whether Times Newspapers Ltd. will appeal the decision, with Justice Eady refusing to implement a cost-capping order for damages.
That said, besides recouping the $140,000 in costs from his solicitors Schillings, Armstrong could likely win a substantial settlement from Times Newspapers Ltd. over this libel finding, a clear vindication for Armstrong in his ongoing conflict with Irish sportswriter David Walsh, who has been the six-time Tour de France's journalistic bête noire for years.
Eady makes some very interesting observations - which I think are ludicrous.
He appears to disparage the thought that Walsh & Co put forward about the increase in average TDF speeds.
It is widely acknowledged that the 1990's peloton were fuelled by EPO - yet this supposedly clean era can ride more quickly than their drug-propelled
1990's colleagues ??
Eady then waffles on about LA not having the right to defend himself.
Since 1999, Walsh and Co have been banned from all USPS press conferences
during the TDF.
Walsh has stated here (in Ireland) on radio, that he has written repeatedly to
One Ball asking him questions about his performances and Bill Stapleton (LA's
manager) has written back to say that LA doesn't answer questions !
I have Walsh on tape saying this (if someone knows Eady's address, I'll send Eady a copy of Walsh's testimony on Irish radio).
Mr.Murdoch ought to appeal Eady's flawed judgement.
And he ought to invite the learned gentleman to try to cycle at 40 kmph for
3,500 kms !