CASE NO: 07/2013 – TALK RADIO 702 VS GERICKE – APPLICATION FOR LEAVE TO APPEAL

Appeal against decision of first Tribunal. First Tribunal found that the broadcast contravened clause 11 of Code because of the unfairness of reporting.  Appeal Tribunal finding that the broadcast unfairly created the impression that untested evidence given in court was false and that the broadcast,  pendente lite, posed a real risk to the administration of justice. Appeal Tribunal not finding that first Tribunal was clearly wrong as required by the Procedure of the Commission. Appeal was not upheld. Appeal on the sanction, however, was upheld.  In a dissenting judgment, Commissioner Harper found that the appeal should be allowed.