Clarke, who was current in court docket for the most recent listening to, sporting a gray swimsuit and dark-rimmed glasses, vehemently denied any sexual misconduct or prison wrongdoing in an announcement launched on the time.
GNM is defending the authorized motion on the Excessive Court docket in London on the grounds of reality and public curiosity.
At a listening to on Wednesday forward of a full trial, attorneys for Clarke utilized for GNM’s defence case to be struck out, however have been unsuccessful. The trial is anticipated to be heard in March.
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Clarke gained BAFTA’s rising star award in 2009. Pic: AP
Philip Williams, representing Clarke, mentioned in a written submission to the court docket that they imagine there’s “overwhelming evidence not just of an attempt to pervert… but actual perversion of the course of justice”.
He additionally alleged there had been “deliberate and permanent deletion of personal correspondence between the three journalists that undertook the purported investigations, as well as fabrication”.
This makes it “impossible for the defendant to legitimately put forward a positive case that it reasonably believed publishing the defamatory articles were in the public interest”, he argued.
Mr Williams claimed two freelance journalists have been instructed to “carry out wholesale deletion” of threads on the encrypted messaging app Sign.
He additionally instructed the listening to one of many messages mentioned: “Delete this entire thread. I’ll create a new thread which will likely be disclosable in court.”
One other message allegedly mentioned: “Can we delete all these threads and use the final thread from now on?”
In his written submissions, Mr Williams mentioned the messages illustrated “intent and taking steps to fabricate evidence”.
He described the alleged “destruction of evidence” as “widespread and wholesale”, and added: “It is something which they frankly admit.
“For instance, the claimant maintains that 4 different group chats have been set to auto-delete. That is admitted by the defendant.”
Mr Williams mentioned it was “notable” the messages instructed the 2 extra junior journalists to delete messages, and that there was additionally the creation of a “carefully curated thread”, which might help the writer’s case.
He added: “The crux of the strike-out application is whether there had been perversion of the course of justice, or spoliation of evidence which renders a fair trial impossible.”
Gavin Millar, representing GNM, instructed the court docket in written submissions that Clarke seeks to deprive the writer “of its right to the trial of its defences of truth and public interest”.
He described the applying as “a poor and opportunistic one for which there is no adequate evidential basis” and mentioned it sought “to smear Guardian journalists and editors without any proper justification”.
Mr Millar added: “There is no evidence either that any evidence was ‘fabricated’.”
He instructed the court docket: “None of this ‘evidence’ raises an arguable prima facie case of bad faith, still less criminal conduct against anyone.”
Mr Williams additionally addressed proof The Guardian submitted alleging Clarke despatched an unsolicited specific photograph to at least one lady.
In his written submission, he mentioned the image was dated 15 Might 2015, however the lady didn’t meet Clarke till the next month, so it was “therefore chronologically impossible”.
In court docket, Mr Williams mentioned The Guardian was “alive to this issue… they ignored when they knew at the very least the dates didn’t match, and we say it’s possible, ran with it anyway”.
Mr Millar, for The Guardian, mentioned it was “regrettable” the “hearing is being used to make these sorts of submission and allegations”.
After the listening to, a spokesperson for The Guardian mentioned: “Today, the judge rejected Noel Clarke’s application to strike-out our defence.
“Attorneys for The Guardian instructed the court docket there’s not one scintilla of proof that journalists ‘fabricated’ proof – a really critical declare made to launder into the general public area allegations that could not have been made exterior court docket.
“Our reporting on Noel Clarke in 2021 was based on the accounts of 20 brave women. After we published our first article, more women came forward.
“At trial, 32 witnesses are set to testify in opposition to Mr Clarke underneath oath. We look ahead to a choose listening to the proof.”
After the preliminary allegations emerged, Clarke had his BAFTA membership suspended and a number of other TV channels additionally lower ties with him.
Scotland Yard mentioned in an announcement in March 2022 that, following an intensive evaluation by specialist detectives, officers determined that the knowledge they obtained didn’t meet the brink for a prison investigation.
