By Gabriel Princewill-
Max Mosley is suing the Daily Mail for “cynically and maliciously” sending prosecutors a dossier that suggested the privacy campaigner had lied on oath during his high-profile case against the News Of The World.
Mosley, 80, has accused the newspaper’s publisher, Associated Newspapers of reporting “bogus concerns” to the Crown Prosecution Service “to be able to publish damaging stories” about him in order to “counter his own campaign for fairer regulation of the press”.
The former F1 boss (pictured) alleges the Daily Mail “set the law in motion against him for its own regulatory and commercial objectives and not to achieve any proper purpose” and is suing for damages for malicious prosecution.
The newspaper has provided a rebuttal for the claim, and today called for the courts to throw out Mosley’s case.
Andrew Caldecott QC for Associated Newspapers argued at the High Court in London that no prosecution had taken place, and that Mosley claim against the Mail was baseless.
Election Pamphlet
The court heard the Daily Mail unearthed an election pamphlet supporting a candidate for Sir Oswald Mosley’s far-right Union Movement, Walter Hesketh, in a 1961 by-election.
The leaflet which stated it was “published by Max Mosley”, Hesketh’s election agent – linked non-white immigrants with diseases such as tuberculosis, VD and leprosy and claimed that “coloured immigration threatens your children’s health”.
The newspaper suggested that the pamphlet, described as “arguably one of the most racist official leaflets ever published in a modern British parliamentary election”, raised questions over whether Mosley “lied at his orgy privacy trial”.
Mosley successfully sued the publisher of the News Of The World more than a decade ago after the newspaper wrongly reported he had attended a “Nazi-themed” sex party.
At the trial in 2008, Mosley expressed suggestions that “leaflets were put out alleging coloured immigrants brought leprosy, syphilis and TB” in the 1961 campaign as “absolute nonsense”.
Perjury
The Daily Mail claimed the newly-found leaflet “raises the question of whether Mr Mosley committed perjury” during his privacy case against the News Of The World.
The newspaper also passed documents, including a copy of the leaflet and a transcript of Mosley’s evidence, to the CPS which in turn passed the material on to the police.
The Metropolitan Police later decided not to launch a criminal investigation, the court heard.
Mosley’s lawyers claim the Daily Mail ran “sustained personal attacks” against him as a “prominent campaigner for press reform”.
They also argue that there was “no prospect” Mosley could face charges of perjury as his evidence about the leaflet was “completely irrelevant to the outcome of the trial”, which they say the newspaper “knew perfectly well”.
In his submissions to the court, Paul Mitchell QC on behalf of Mosley, argued that his client had “very good prospects of establishing that the submission by the defendant of its dossier to the CPS amounted to a prosecution”.
The hearing before Mr Justice Nicklin concludes on Friday and the judge is expected to give his ruling at a later date.