Former top judge hits out against ‘vilification’ after Harry whitewash claim
A former lord chief justice of England and Wales has spoken out against the “vilification” of judges following comments made by Prince Harry.
The Duke of Sussex said the High Court’s decision in his privacy case against Associated Newspapers, the Daily Mail’s publisher, was a “complete and clear exoneration”.
Harry, along with six other plaintiffs including Sir Elton John, claimed that the newspaper illegally obtained information about them through phone tapping, wiretapping and incrimination by journalists and private detectives.
But Mr Justice Nicklin said the plaintiffs had failed to prove the allegations.
Lord Burnett of Maldon, who was head of the judiciary of England and Wales from 2017 to 2023, told the House of Lords on Thursday that the independence of the courts was crucial.
He said judges must “resist all pressure” from politicians, the press, big business, unions, activists and campaigners.
Lord Burnett said: “Judicial independence is undermined when judges are personally attacked or their integrity is undermined by a decision.
“Expression of disagreement over the outcome of a case is absolutely unobjectionable, but unfortunately the growth of personal smear, in which politicians sometimes participate, crosses the line and constitutes a direct attack on the independence of the judiciary.
“The examples are mounting, and even this week a Supreme Court judge was accused of a ‘complete and frank acquittal’ by frustrated litigants.
“Judges speak with their decisions and cannot respond.
“The Constitutional Reform Act therefore imposes duties on the Chancellor to defend the independence of the judiciary.
“The (Constitution) Committee recognized that a culture of hostility towards the judiciary has been allowed to develop in recent years due to inappropriate and often erroneous public criticism by politicians and others and inadequate defense of the government.”
His comments came as colleagues discussed the Constitutional Committee’s report titled Rule of Law: Holding the Line Against Tyranny and Anarchy.
Independent peer Baroness Andrews, a member of the committee, warned that disrespect for the law has been “emboldened” since the Covid-19 pandemic, hinting that the party-gate scandal was part of the reason.
He said: “The evidence shows that disrespect for the law has increased even further since Covid, with the paradox of draconian legislation perceived by many to be unevenly applied.”
