Don't do it, Tone

David Elstein, the former BBC producer never short of an opinion on broadcasting matters, takes a dim view of any suggestion that the BBC should continue to fight the judgement of Mr Justice Mann in the case of Sir Cliff Richard.

On OpenDemocracy.net (which he chairs) Mr Elstein provides a useful long narrative of the judgement, and warns the DG to back off.

"The BBC is still mulling over whether Mr Justice Mann was “obviously right” in finding for Sir Cliff, and making the award he did. When Gavin Millar QC, for the BBC, tried to argue to the judge on July 26, in seeking leave to appeal, that he had been wrong on the law and wrong in his analysis of the facts, Mr Justice Mann was dismissive to the point of rudeness: it was the BBC, not he, that had failed to understand the law and the significance of its actions.

" An appeal would be costly, and is unlikely to succeed. Even asking the Court of Appeal directly for leave to appeal (the only step remaining other than settling its bill) could result in an embarrassing rebuff for the BBC, or, perhaps worse still, another opportunity to expose the dubious behaviour of the BBC news division, and the unimpressive performance of its witnesses at trial, to yet more scrutiny, and at a higher judicial level. A failed appeal might well be the mistake that costs Lord Hall his job, just as the McAlpine affair cost George Entwistle his."