The finding
HM Advocate v Craig Murray [2021] HCJ 2
Alex Salmond was tried at the High Court in Edinburgh from 9 March 2020 and acquitted on all charges on 23 March 2020. Craig Murray had published articles about the arrest and prosecution.
[1] para 1The High Court of Justiciary, in an opinion delivered by Lady Dorrian, the Lord Justice Clerk, sitting with Lord Menzies and Lord Turnbull, found that blog posts by Craig Murray breached an order under section 11 of the Contempt of Court Act 1981. The order prohibited publishing the complainers’ names or any information likely to disclose their identity.
[1] Judgment (High Court of Justiciary) · [2] Legal news report of a judgment (High Court of Justiciary)The test the court applied was whether the material, judged objectively, was likely to lead to identification by members of the public, not only by people who already knew the complainers. The court rejected a separate allegation that articles about a dismissed juror breached a section 4(2) postponement order.
[2] Legal news report of a judgment (High Court of Justiciary) · [3] Legal news report of a judgment (High Court of Justiciary)