Undercover Mosque - Investigations By The Police and The CPS; Ofcom, Libel Case

Investigations By The Police and The CPS; Ofcom, Libel Case

West Midlands Police launched an investigation, immediately after the programme was transmitted, into whether criminal offences had been committed by those teaching or preaching at the mosques and other establishments. They presented their evidence to the Crown Prosecution Service who advised that “a realistic prospect of a conviction was unlikely”.

However Bethan David of the CPS agreed with West Midlands Police Assistant Chief Constable Anil Patani (security and cohesion) that a damaging and distorting impression had been given of the speakers by the programme. On 7 August 2007 the CPS issued a statement:

"West Midlands Police have completed their investigation into the Channel 4 Dispatches programme 'Undercover Mosque' broadcast in January 2007. The police investigation initially looked at whether there had been any criminal offences committed by those featured in the programme and following careful consideration by the Crown Prosecution Service (CPS), West Midlands Police have been advised that there is insufficient evidence to bring charges against those individuals featured within the programme.

"West Midlands Police acknowledge the concerns that some parts of the programme may have been considered offensive, however when analysed in their full context there was not enough evidence to bring criminal charges against any individual. ACC Anil Patani for West Midlands Police said: "As a result of our initial findings, the investigation was then extended to include issues relating to the editing and portrayal of the documentary. The priority for West Midlands Police has been to investigate the documentary and it’s making with as much rigour as the extremism the programme sought to portray".

""The police investigation concentrated on three speakers and their comments in the programme. CPS reviewing lawyer Bethan David considered 56 hours of media footage of which only a small part was used in the programme. She said: "The splicing together of extracts from longer speeches appears to have completely distorted what the speakers were saying. "The CPS has demonstrated that it will not hesitate to prosecute those responsible for criminal incitement. But in this case we have been dealing with a heavily edited television programme, apparently taking out of context aspects of speeches, which, in their totality, could never provide a realistic prospect of any convictions".

"The CPS was also asked by the police to consider whether a prosecution under the Public Order Act 1986 should be brought against Channel 4 for broadcasting a programme including material likely to stir up racial hatred. Miss David advised West Midlands Police that on the evidence available, there was insufficient evidence that racial hatred had been stirred up as a direct consequence of the programme. It would also be necessary to identify a key individual responsible for doing this together with an intent to stir up racial hatred, which was not possible.

"West Midlands Police has taken account of this advice and explored options available to them and has now referred the matter to the broadcasting regulators Ofcom as a formal complaint. West Midlands Police has also informed Channel 4 of this course of action."

West Midlands Police then complained to Ofcom that the programme had been subject to such an intensity of editing that those who had been featured in the programme had been misrepresented (creating an unfair, unjust and inaccurate perception of both some speakers and sections of the Muslim community within the West Midlands); the footage had been edited in a way that resulted in material being broadcast in a form so altered from the form originally delivered that it was “sufficient to undermine community cohesion”; and the programme was “likely to undermine feelings of public reassurance and safety of those communities in the West Midlands for which the Chief Constable has a responsibility”.

The resulting complaints to Ofcom were rejected by Ofcom on 19 November 2007. "Undercover Mosque was a legitimate investigation, uncovering matters of important public interest... On the evidence (including untransmitted footage and scripts), Ofcom found that the broadcaster had accurately represented the material it had gathered and dealt with the subject matter responsibly and in context." Ofcom also did not uphold complaints from the Kingdom of Saudi Arabia & the Royal Embassy of Saudi Arabia, from the Islamic Cultural Centre, and from the London Central Mosque.

In a move supported by Channel Four, the makers of the documentary then launched a libel action against the CPS and West Midlands Police. In a statement released for Kevin Sutcliffe and programme makers Hardcash Productions said:

"The statements made by both the West Midlands Police and the CPS were completely unfounded and seriously damaging to our reputation. We feel the only way to set the record straight once and for all is to pursue this matter through a libel action."

On 15 May 2008 when the matter came to the High Court, West Midlands Police and the Crown Prosecution Service apologised to the makers of the documentary for accusing them of distortion and agreed to a payment of £100,000. The statement, released to the media by West Midlands Police, after the High Court hearing, said they now accepted there had been no evidence that Channel 4 or the documentary makers had "misled the audience or that the programme was likely to encourage or incite criminal activity".

It added that the Ofcom report showed the documentary had "accurately represented the material it had gathered and dealt with the subject matter responsibly and in context". The police statement concluded: "We accept, without reservation, the conclusions of Ofcom and apologise to the programme makers for the damage and distress caused by our original press release." The same statement was later posted on the Crown Prosecution Service website.

Kevin Sutcliffe, deputy head of current affairs at Channel 4, said the apology was a vindication of the programme team in exposing extreme views. "Channel 4 was fully aware of the sensitivities surrounding the subject matter but recognised the programme's findings were clearly a matter of important public interest. "The authorities should be doing all they can to encourage investigations like this, not attempting to publicly rubbish them for reasons they have never properly explained," he said. Channel 4 boss Julian Bellamy said they had had no choice but to pursue action when the police and CPS refused to withdraw their remarks.

The National Secular Society subsequently called for a Public Enquiry into the role of the West Midlands Police and the CPS in referring the matter to Ofcom in the first place. Keith Porteous Wood, Executive Director of the National Secular Society, said: “While the Police and CPS have now apologised, they have yet to explain why this apology was not issued in response to the widespread public outcry during 2007 about their targeting of Channel 4 or even to the total rejection by OFCOM of Police/CPS complaints on 19 November 2007. It had to be forced on them by the courts. The intransigence of the Police and CPS has seriously undermined public confidence in both institutions."