Gately report 'did not break law'

Stephen Gately died at his holiday home in Majorca last October
12 April 2012

A newspaper column about Stephen Gately's death offended some readers but did not break the law, the Crown Prosecution Service (CPS) said.

The 33-year-old Boyzone singer died of natural causes due to a pulmonary oedema on October 10 last year at his holiday home on the island of Majorca.

A comment piece on his death by Daily Mail columnist Jan Moir, which was published on October 16, prompted two complaints to the Metropolitan Police.

Scotland Yard passed the complaints to the Crown Prosecution Service (CPS) which said tonight there was "insufficient evidence" that the article breached the law.

Tony Connell, CPS London complex casework lawyer, said: "On October 16 2009 Jan Moir, a columnist with the Daily Mail, published an article in the newspaper headed A Strange, Lonely and Troubling Death ... The article dealt with the death of Stephen Gately.

"In December 2009, the Metropolitan Police passed the article and statements from two complainants to the Crown Prosecution Service to determine whether or not any crime had been committed through publication of that article.

"Having considered that material I have decided that there is insufficient evidence that any offence has been committed.

"In coming to this conclusion I have paid particular attention to Article 10 of the Human Rights Act which protects individuals' freedom of expression. It is an established legal principle that this freedom applies equally to information and ideas that are favourably received as to those which offend, shock and disturb.

"Though the complainants and many others found this article offensive, this does not make its publication unlawful."

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