Decision
of the Complaints Committee – 16787-23 Busby v Loughborough Echo
Summary of Complaint
1. Mark Busby complained to the Independent Press Standards
Organisation that Loughborough
Echo breached Clause 1 (Accuracy) of the Editors’ Code of Practice
in an article headlined “Pre-Christmas drinks saw driver heading on to wrong
side of A46”, published on 25 January 2023.
2.
The article reported on a court case, during
which the complainant had “pleaded guilty to failing to provide a specimen
on December 23 last year”. The article stated: “A
witness called 999 after spotting [the complainant] who had been drinking
heading the wrong way onto the A46 dual carriageway near Leicester.” It then
said: “After he failed a roadside breath test, he was arrested and taken to a
police station. There he was required to give another specimen of breath, but
failed to do so after what was described in court as a ‘fairly lame attempt’”.
3.
The prosecutor in the case was quoted in the
article as having said: “At 9.30pm, the police received a report the
defendant was driving the wrong way along the sliproad onto the A46. […] There
was a strong smell of alcohol and Busby was unsteady on his feet.” The article
explained that “the roadside breath test – which cannot be used for a
drink-driving conviction but can be taken into account by the magistrates – was
81 microgrammes per 100ml of breath. The legal limit is 35 microgrammes.”
4.
The article quoted the chair of the bench, who reportedly told the complainant:
“We accept you didn’t refuse to give a specimen but 81 is a high level of
impairment and there was an element of dangerous driving – you could have
killed someone.”
5.
The complainant said that the article was inaccurate in breach of Clause 1 as
he was not prosecuted for “drink-driving”. Rather, he had failed to produce a
suitable specimen of breath, and this was what he had been prosecuted for.
6.
He also said that there had been no 999 call made by a ”witness” as reported by
the article, and that he had not been on the A46. He said that the police
officer who attended the scene happened to be exiting the A46 on the sliproad
and had spotted him turning his car around on the sliproad. He said that the
article’s explanation that it was a sliproad that he had been driving on came
many paragraphs into the article and that the article gave the impression he
was speeding down the dual carriage way for a “few miles”. He also said that
the reference to “dual carriageway” had not been heard in court.
7.
The publication did not accept a breach of the Code. It said that the
reporter’s notes had referred to the police receiving a “report” and that,
after receiving this report, “officers made their way to the location”. It
accepted that the 'report' could have been made via a 101 number or online –
rather than via 999, as reported by the article – however, it did not consider
this represented a significant inaccuracy in need of correction.
8.
In regard to the references to “drink-driving”, the publication said that the prosecutor
had made reference to “a strong smell of alcohol and he was unsteady on his
feet” during court proceedings. The publication said that the complainant had
accepted that he blew 81 microgrammes at the roadside which is more than twice
the legal limit and was considered a “high” reading when breathalysed, and that
the only reason the complainant was not prosecuted as a drink-driver is because
he failed to provide a suitable specimen. It said the article did not state
that the complainant was charged with drink-driving, but rather quoted the
Chair of the bench, who said “81 is a high level of impairment and there was an
element of dangerous driving – you could have killed someone.”
9.
The publication said that the sliproad on the A46 was part of the A46– it
further said that the article later made clear that the complainant was on the
sliproad, not the actual carriageway. It said that the prosecutor had
referenced the complainant “driving the wrong way along the sliproad of the
A46” and that “there was a very dangerous piece of driving going the wrong way
on a dual carriageway and attempting to turn on a slipway.” This was also
supported by the reporter’s notes the publication had provided. The publication
did not, therefore, consider this term to be inaccurate or misleading.
10.
The publication provided a copy of the court reporter’s notes and a transcript
of the complainant’s sentencing to support its position. The reporter’s notes
indicated the prosecutor had said there was a “report of [the]
defendant driving [the] wrong way along [the] sliproad of A46” and that
“officers made their way to the location. [The complainant] would have been
facing towards the oncoming traffic.” It said he had failed the breath test,
that there was a “strong smell of alcohol” and that “he was unsteady on his
feet.” The notes said it was “a very dangerous piece of driving
going the wrong way on a dual carriageway and attempting to turn on a slipway”.
11.
In response, the complainant said that the official police report from the
night supported his position that it would have been impossible for a member of
the public to: spot him on the road; call 999 or report him to the police; and
for the police to then attend the scene all while he was still turning around.
He provided a witness statement from the police officer who attended the scene
and also the police report. It did not make any reference to a 999 call or
member of the public.
12.
The publication was satisfied that it had taken care not to publish inaccurate
information and that the reference to the 999 call was heard in court, although
this was not included in the court transcript it had provided. In any case, it
reiterated that any inaccuracy was not significant. However, it offered the
following correction on page 2 of the print newspaper on what date:
Our article '[HEADLINE], [DATE], reported how Mark
Busby, from Birstall, had been taken to the police station after drink-driving
up the wrong side of A46 dual carriageway. The article reported that he was
spotted by a witness who called 999, which was based on the information given
in court. However, in fact, Mr Busby had been spotted and stopped by the
police. We are happy to clarify this.
Relevant
Clause Provisions
Clause
1 (Accuracy)
i)
The Press must take care not to publish inaccurate, misleading or distorted
information or images, including headlines not supported by the text.
ii)
A significant inaccuracy, misleading statement or distortion must be corrected,
promptly and with due prominence, and — where appropriate — an apology
published. In cases involving IPSO, due prominence should be as required by the
regulator.
iii)
A fair opportunity to reply to significant inaccuracies should be given, when
reasonably called for.
iv)
The Press, while free to editorialise and campaign, must distinguish clearly
between comment, conjecture and fact.
Findings
of the Committee
13.
The Committee considered the article’s description of the incident including
the reference to “drink-driving” and noted that the complainant had pleaded
guilty to failing to provide a specimen – which the article itself had made
clear. The article further made clear that the complainant’s initial roadside
specimen was 81 microgrammes per 100ml of breath, which was over double the
legal limit; it also noted that the prosecutor had said in court “there was a
strong smell of alcohol and Busby was unsteady on his feet.” This was also
supported by the court reporter’s notes, which the publication had provided.
While the complainant had not been convicted for “drink-driving”, the Committee
considered it was acceptable to characterise his driving in this way for the
reasons noted above, where the complainant had accepted himself he had driven
after drinking earlier with customers and where the article itself made clear
the exact crime for which the complainant had been convicted. The publication
had taken sufficient steps to take care not to publish inaccurate, misleading,
or distorted information and there was no breach of Clause 1 on this point.
14.
Turning to the article’s claim that “a witness called 999 after spotting a
driver” and that “at 9.30pm, the police received a report the defendant was
driving the wrong way along the sliproad onto the A46“. The Committee noted
that a 999 call had not been referenced in the court reporter’s notes and that
this reference was inaccurate. The court reporter’s notes did however, suggest
that there had been a “report” and further the publication did not have access
to the witness statement – which had been provided by the complainant during
the IPSO investigation – to suggest otherwise. In this instance, the
Committee did not consider who saw the complainant to be significant given that
it was not in dispute that police had attended the scene of the incident and
where the article had accurately recorded the offence to which the complainant
had pleaded guilty to. For this reason, the Committee did not consider this to
represent a significant inaccuracy and for this reason there was no breach of
Clause 1.
15.
The Committee next considered the article’s references to the road the
complainant had turned his car around on. It noted that the headline had
described the complainant as having driven the “wrong side” of the A46 and the
article had further described this road as a dual carriageway. The complainant
said that this was inaccurate as it had implied he had been driving along the
wrong side of the A46 for several miles. The Committee noted that the article
made clear that the complainant had been “heading the wrong way onto
the A46 dual carriageway near Leicester” and that the prosecutor had said: “At
9.30pm, the police received a report the defendant was driving the wrong way
along the sliproad onto the A46.” The Committee considered that the article had
made sufficiently clear the circumstances in which the complainant turned his
car around, and that this was on a sliproad into the A46. It was not
significantly inaccurate for the article to describe the road as the A46 or
“dual carriageway”. The Committee further noted that these terms had also been
heard in court, and the publication was able to provide court reporter’s notes
to support this. For this reason, there was no breach of Clause 1 on this
point.
Conclusions
16.
The complaint was not upheld.
Remedial
action required
17.
N/A
Date
complaint received: 14/02/2023
Date
complaint concluded by IPSO: 05/07/2023