Adjudication No. 1162 (March 2002)

The Australian Press Council has upheld aspects of a complaint about coverage in The Northern Territory News of the trial of Lionel Anthony Godwin, who was convicted in January of fraud and forgery.

Godwin had persuaded two Darwin men to form a property development partnership with him, and then borrowed over $730,000 in their names which he misappropriated for his own use.

The NT News gave the case front page coverage and ran an article in February in which Godwin's mother, Lesley Godwin, expressed her views about the conduct of the trial and the sentence. This article and a photo of Mrs Godwin were also published in the News's Alice Springs-based sister paper, The Centralian Advocate.

Mrs Godwin complained to the Press Council about the trial coverage and the February article. She said there were significant inaccuracies in the NT News's coverage of the case.

One, she said, was a statement in the front page report on the day of sentencing that Godwin had told his partners that he could raise the capital for their venture, "claiming he owned property, shares, a car, cash and his father had just won lotto. He was lying."

In fact, Mrs Godwin says her husband had won a lottery. However, in the Press Council's view, the quote was obviously a reference to Godwin lying about the overall extent of his assets, not the various particulars. Further, the newspaper published Mrs Godwin's detailed clarification of the lottery issue in the February article.

Mrs Godwin also complained that the newspaper more than once gave the clear impression that her son had swindled his victims out of $570,000 more than he actually did. Newspapers have an obligation to report court cases accurately and fairly. The paper appears to have misrepresented this crucial element of the case and this aspect is upheld.

Mrs Godwin also had two complaints about the February article, which was based on an e-mail from her and a lengthy telephone interview with her.

Mrs Godwin denied she told the newspaper that her son "wanted to big note himself" and was chasing "the good life", and said there are no such quotes in her e-mail. However, the newspaper maintains Mrs Godwin was accurately quoted, evidently from the telephone interview. As this is a case of one person's word against another, the Press Council cannot adjudicate on this point.

However, the Press Council also upholds Mrs Godwin's complaint in regard to another aspect of the article's publication. In her e-mail, Mrs Godwin asked the NT News not to make the article and photo of her available to The Centralian Advocate, as she had just moved to Alice Springs, with Lionel Godwin's son, to start a new life.

Mrs Godwin said the publication of the photo article in her new home town showed no regard for the privacy and sensitivities of herself and her grandson.

The Centralian Advocate said it was not made aware of Mrs Godwin's request but, that if it had been, it would not have published the photo. The NT News said it gave Mrs Godwin no undertaking in this matter. However, in the Press Council's view, that does not excuse the failure to give the Advocate the opportunity to make its own decision.

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