08.02.2019
The material in question concerned the murder in Khada Gorge,
namely, the killing of two adults Americans and their son. At the
moment of preparing the material, the only accused into the case
was shepherd Malkhaz Kobauri, who allowed the jury to hear his
case. The Council considered that the material was much the same as
the agenda of the Prosecutor's Office – it seemed that the
Prosecutor's Office had informed the journalist of all the data
which was to be presented before the court as evidence. In the news
story, a considerable amount of time was dedicated to the interview
with an official of the Prosecutor's Office, who presented the
facts in a confirmatory manner and completely ignored the formal
balance. The Council indicated that if a journalist decides to
provide the public with information about evidence of the
investigation, first of all, he/she should be critical to such
evidence, check it to the maximum extent possible and shall not act
as a disseminator of the version offered by the Prosecutor's
Office. The Council also deemed unacceptable the publication of the
details of the alleged sexual assault on murdered Laura Smith.As a result of considering the case, the Council found the violation of the First (accuracy) and Tenth (privacy) Principles. The hearing was attended by the applicant only, and the respondent journalists neither participated nor presented a counterclaim before the hearing.