R v Ponting

A jury acquitted a civil servant who leaked documents, despite the judge's direction that he had no defence, illustrating jury equity.

Citation
[1985] Crim LR 318
Court
Central Criminal Court
Year
1985
Subject
English Legal System
Topic
Juries

Facts

Clive Ponting, a senior civil servant in the Ministry of Defence, sent documents to a Labour MP, Tam Dalyell, showing that ministers had misled Parliament about the sinking of the Argentine cruiser General Belgrano during the Falklands War in 1982. He was charged under section 2 of the Official Secrets Act 1911. His defence was that he had acted in the interests of the State, because Parliament had a right to know the truth.

Legal principle

The trial judge, McCowan J, directed the jury that the interests of the State meant the policies of the government of the day, which effectively left Mr Ponting without a defence. The jury nevertheless acquitted him. The case is often cited as an example of jury equity, where a jury refuses to convict despite the law and the evidence, because it considers a conviction would be unjust. The Official Secrets Act 1989 later replaced section 2 and removed the possibility of such a defence.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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