A “legendary” journalist with a celebrated 50-year career in Fleet Street has been put on trial in a “disturbing development” that has echoes of some of the world’s most oppressive regimes, a court has been told.
John Kay, the Sun’s former chief reporter, is on trial for “simply doing his job” after half a century of reporting the news “accurately, honestly and fearlessly”, his barrister told jurors at the Old Bailey.
In his closing speech, Trevor Burke QC told jurors that “such is his reputation over 50 years, that every newspaper in this country would welcome him into their staff”.
He is on trial over 69 stories linked to payments for information from a public official out of many thousands he has written in his lifetime. He has said all his stories were in the public interest exposing bullying, misconduct and crime and mismanagement in the army, Burke said.
The jurors were reminded that Kay had given Mministry of Defence official Bettina Jordan Barber assurances that her identity would be protected when he first met her in 2003.
“Wild horses would not drag it from him,” Burke said.
Kay had told her when they first met that he would only consider information that was of public interest. “He didn’t want tittle tattle, he is a proper, proper journalist. Gossip is of no interest to him,” Burke said.
He never imagined that more than a decade later he would be facing criminal charges.
None of the stories were “fabricated” or inaccurate. In his 50-year career, Kay never had a single press complaints commission complaint against him, Burke continued.
“So, tragically, from the perspective of John Kay, the truth of what he wrote in the opinion of the prosecution is an irrelevance. Truth and accuracy provide him with no shield.
“So you 11 are invited to shoot the messenger for simply delivering a true and accurate message,” said Burke.
Burke went on to tell jurors that freedom of the press was at stake in Kay’s trial.
“[He is] on trial for what? No more and no less than simply doing his job. Period. And on every level, and on any level, please recognise how disturbing a development it is and a very worrying trend that journalists who only ever report the news accurately, honestly and fearlessly, now find themselves being prosecuted in our criminal courts.
“Please be in no doubt, from John Kay’s perspective, that is exactly what is happening here, right here, right now,” said Burke.
He cited “oppressive regimes” around the world that have jailed journalists, such as Egypt, and told jurors that “events in Moscow over the weekend show the free press has long ceased to exist”.
“It [press freedom] never did exist in China, and we have seen in recent years protest marchs around the world, younger people demanding a fraction of the rights we enjoy here; rights not restricted to, but including, a free press
“Whether the prosecution accept it or not, whether the prosecution like it not, very important principles are being engaged here, right here, right now,” said Burke.
He told jurors that the Rotherham child sex abuse ring was not exposed by the police or MPs who were “flipping houses” at the tax payers’ expenses. Both scandals, Burke said, were exposed by a type of journalist who had a “good nose” for a story and was prepared to be courageous enough to hunt the ugly truth down.
He attacked News International for breaching Kay’s confidences by handing over emails revealing he had paid his source, Jordan-Barber.
“He is a legend in Fleet Street. He has no equal, and News International, the group that controls his organisation, knows it. They know precisely his worth,” Burke said.
“News International, without his consent, surrendered to the police without a fight his confidential source Bettina Jordan Barber which led to his arrest,” Burke said.
He told jurors that public interest “trumps” the offence of misconduct in public office, reminding them that the Telegraph was not prosecuted for the MPs’ expenses scandal. The public official who was paid £150,000 for that information was not discovered by the police because “journalists protect their sources,” Burke said.
He told jurors that Michael Parroy, QC for the prosecution, had shown “a certain snobbery” towards the Sun, treating it like “almost like a comic” that is not worthy of proper consideration.
Despite his current ordeal, Kay still wants to return, the jury heard.
“He still feels he has something to contribute, a perfectly understandable reaction you might think because plainly he does not want this humiliation of him to mark the end of his career.
“Despite all his achievement in professional life, he finds himself at 71 years of age standing in the dock in the Old Bailey, a venue normally reserved for murder,” said Burke.
The trial continues.
