| Tech Investor Pishevar Wants
Journalist Source Disclosed But He Cites
Danger of UK Prosecution
By Matthew
Russell Lee, Patreon
BBC
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Source
SDNY COURTHOUSE,
Feb 16 – Tech investor Shervin
Pishevar through his lawyers
was in the U.S. District Court
for the Southern District of
New York on February 10
pushing Fast Company
journalism Marcus Baram to
give up his confidential
sources.
Since it
implicated and stands to
undermine press freedom, Inner
City Press was there. More on
Patreon here.
Now
Baram's lawyer Toby Butterfield
of Moses & Singer LLP has
written, "Dear Judge Aaron: We
represent Respondent Marcus
Baram in the above-referenced
proceeding. In accordance with
Your Honor’s February 10, 2020
order [ECF No. 44], we write
to explain why even the
limited disclosure of the name
and location of Mr. Baram’s
confidential source implicates
Mr. Baram’s right against
compelled self-incrimination
under the law of the United
Kingdom. As explained in
detail in the Declaration of
Teresa Rosen Peacocke
(“Peacocke Declaration”) [ECF
No. 16], the privilege against
self-incrimination under U.K.
law is very broad, and is
available whenever a
disclosure “might increase the
risk of prosecution.” Id., ¶19
(citing Den Norske Bank ASA v
Antonatos [1999] Q.B. 271).
See also Redfern v. Redfern,
[1891] App. Cas. 139 at 147
(Eng.) (“It is one of the
inveterate principles of
English law that a party
cannot be compelled to
discover that which, if
answered, would tend to
subject him to any punishment,
penalty [or] forfeiture.”).
Here, the Applicant1 contends
that Mr. Baram knew or had
reason to suspect that the
Forged Police Report was a
forgery when he published
about the Applicant’s arrest.
See October 31, 2019
Declaration of Lord Macdonald
of River Glaven Kt QC,
(“Macdonald Declaration”) [ECF
No. 6], ¶¶13, 14. Whatever
representations Applicant’s
counsel makes to this Court
that Applicant does not
presently intend to prosecute
or pursue civil remedies
against Mr. Baram, Mr. Baram
is undoubtedly at risk of
public prosecution in the
United Kingdom under the Fraud
Act of 2006." Inner City Press
will continue on this
important free press case.
From
the beginning of the February
10 oral argument before SDNY
Magistrate Judge Stewart D.
Aaron, Pishevan's lawyer Lucas
Bento was limited his request
to just the name and location
of what he called Confidential
Source-1.
But
shield laws generally prevent
such discovery, which would
put a chill on investigative
reporting. At issue here was a
report that Pishevar not only
was arrested on allegations of
sexual assault in London, but
paid to make them go away.
A source offered Baram what
purported to a police report.
It is now described as a
falsified police report.
Bento, checking his smart
phone, added that the London
Police say there are not
arrest reports. But Judge
Aaron has asked that by week's
end he disclose whether
Pishevar and his solicitor
were given any document around
the time of the
arrest.
Judge Aaron
expressed doubt about Baram
only half disclosing the cold
water than London Police threw
on the allegation at the time.
He asked for three page
letters, also by week's end.
He declined to stay his
decision until the side
re-confer, saying if they
reach an agreement before he
rules, fine, but that he
intends to rule.
More
on Patreon here.
The case is In Re
Application of Shervin
Pishevar for an Order to take
Discovery for use in foreign
proceedings pursuant to 28
U.S.C. 1782, 19-mc- 503
(Koeltl / Aaron).
***
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