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BBC fined $1,000 for identifying victim

Bermuda Broadcasting Company for identifying a victim of a sexual assault.BBC chief executive officer Rick Richardson pleaded guilty to broadcasting, on May 29,

Bermuda Broadcasting Company for identifying a victim of a sexual assault.

BBC chief executive officer Rick Richardson pleaded guilty to broadcasting, on May 29, information that would lead the public to know the identity of the victim of a serious sexual assault.

A similar charge against BBC news director Darlene Ming was withdrawn because Crown counsel Mr. Leighton Rochester said the Attorney General's chambers preferred to proceed against the company instead of Ming.

Mr. Rochester said on May 29 BBC on its evening newscast on both ZBM and ZFB reported the name of a Jamaican national convicted in the Supreme Court of sexually assaulting his wife.

By giving the name of the accused -- who was married to the victim -- the company identified the victim, Mr. Rochester added.

No member of the media was allowed to print or state the identity of a victim of a sexual assault, he stressed.

"Anyone who prints or says the name is guilty of a summary offence and a fine of $5,000,'' Mr. Rochester said.

But BBC lawyer Mr. Mark Pettingill -- who initially requested that BBC be bound over -- said the company was "entitled to name the convicted party''.

And he noted that "they did everything not to broadcast the name of the victim''.

Mr. Pettingill also argued that the case of a husband charged with sexually assaulting his wife was the first of its kind in Bermuda.

"Everyone was following the case,'' he said. "It was public knowledge, everyone knew the facts. Once he was convicted the public was entitled to know his name.'' Mr. Pettingill also said the victim was "not named in full'' and there was "not a direct comment on who the victim was''.

"It was an inference,'' he added.

Mr. Pettingill said he believed that the case against BBC was not a serious one and the Crown could have dealt with it by way of a caution.

With regard to the character of Richardson, he said: "He is of the highest standing in the community with years of service to Bermuda. The character of this company is impeccable.'' Mr. Pettingill added that BBC did not need "a criminal record'' to brand its reputation because it mentioned the man and "his wife''.

But Mr. Rochester said with a company of BBC's character, it should have been "elementary'' that the man's name could not be used.

Mr. Rochester also noted that no other members of the media who covered the same case mentioned the names of the man or his wife.

He pointed out that the offence committed by BBC had been viewed as serious by legislators who increased the maximum fine for such an offence from $300 to $5,000.

Senior Magistrate the Wor. Will Francis said: "The court must, when the legislator does so, reflect the seriousness of the offence.'' "I think the message must be sent out that the media must be very careful when the legislature does not want the name of the victim named,'' he added before fining BBC.