Noel Clarke’s libel claim against The Guardian newspaper concluded today at London’s High Court, with closing statements from lawyers representing both parties.
Philip Williams, representing Clarke, told the court in closing statements that his client was made a “scapegoat” and was an “easy target” because he was at the height of his success when the media industry “zealously sought to correct itself” following the #MeToo movement.
Gavin Millar KC, for GNM, said there is “not a shred of evidence” to support Clarke’s claim of conspiracy, describing it as “nonsensical and rather desperate speculation”.
He added that Clarke has “a “very clear motive to lie” because he “stands to lose a great deal”.
Clarke is suing The Guardian’s publisher Guardian News and Media (GNM) over seven articles and a podcast, including an article from April 2021 that said 20 women who knew Clarke professionally had come forward with allegations of sexual misconduct.
The trial before Justice Steyn began on Friday, March 7, concluding today after five weeks. A written judgment is expected at a later date.
Closing statements
Williams said GNM witnesses were taking “revenge” on Clarke and “weaponising” their complaints against him.
“A handful of people were plotting and carrying out their scheme from 2019 to bring about Mr Clarke’s downfall, based on vitriolic hatred, professional jealousy, classist snobbery and insidious racialised bias,” said Williams in written submissions.
He also criticised The Guardian’s investigation, saying the paper “manifestly failed to do its job properly.” Specifically, he said reporters failed to investigate relevant leads, did not verify some assertions, allowed “contamination” of their sources’ information by asking leading questions and deleted chat messages relevant to the libel trial.
Williams asked the court to find the claim successful, saying the Guardian’s reporting has caused serious harm to Clarke’s career, with “continuing hostile reactions online and in public discourse”.
In opposition, Millar described GNM witnesses as “careful, considered and truthful”; and noted that the evidence of many witnesses for Clarke should not be given much weight as those providing it did not have direct knowledge of the allegations.
In written submissions, Mr Millar said Clarke “used his power to prey on and harass female colleagues” over a period of 15 years.
Millar told that court that Clarke also bullied people, engaged in sexually inappropriate behaviour and comments, gave unwanted kissing, touching or groping, took and shared explicit pictures and videos without consent and engaged in professional misconduct.
“The substantial truth of each of those elements is easily made out by the evidence heard at this trial,” said Millar. “Indeed, it would be unnecessary for the court to accept even the majority of that evidence for the truth defence to be made out.”
He asked the court to dismiss Clarke’s claim and to find The Guardian’s reporting as both true and in the public interest.
“This was a careful and thorough investigation conducted conscientiously by Guardian journalists who were aware of the potential pitfalls,” said Millar.
“They received information from a wide range of sources with direct evidence of misconduct and in each case carefully considered and tested the information they were given, electing to publish only such information as they believed was credible.”
Over the five weeks of the trial, the court has heard from Clarke and witnesses for him including his wife and actress Louise Dylan; and from over 30 witnesses in support of The Guardian’s reporting, including 26 who say they were victims of or witnesses to serious misconduct by Clarke, or can corroborate the allegations against him.
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