Adjudication No. 1167 (May 2002)

The Press Council has upheld a complaint from Graham Gibbons against The Advertiser, Adelaide.

Mr Gibbons' concern arises from an article headlined Speed a factor in fatal crash. Mr.Gibbons' son, Leith, was killed in a car accident when his car crashed into a tree on a sweeping curve on One Tree Hill Road on 23 November 2000. The article reported on the Coroner's findings on the accident.

The complainant was concerned that the headline misrepresented the Coroner's findings. The newspaper responded that the Coroner, in his verdict, stated that there was evidence that Leith Gibbons had an inclination to drive fast and did not appear to accept the possible consequences of speeding. However, the Coroner concluded, "I am unable to make a clear finding as to the circumstances of the accident except to say I agree ... that fatigue and inattention were the most likely factors involved."

The newspaper discussed with the Gibbons family the possibility of publishing a letter framed by the editor of the letters pages arguing The Advertiser's report was inaccurate. The Gibbons decided the letter was not sufficient and the newspaper needed to admit its headline was wrong. The Advertiser was prepared to offer no more than a letter.

The Coroner did not include speed as a factor in his findings. In the Council's view, the headline was misleading and would have caused distress to the family and, in this case, a published letter to the editor from the family would not have been adequate redress.

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