Judgment Approved by the court for handing down.
Ali & Aslam v Channel 5 Broadcasting Ltd
19.
When Mr Ali emerged after dressing, he asked why the film crew were recording.
Bohill replied “Because we are”. He then explained they were executing a warrant
for possession, and indicated that Mr Ali and his family had an hour to gather their
possessions and leave. There was never an attempt to gain the Claimants’ consent to
filming. There was further conversation between Bohill and Omar Ahmed, in which
Ahmed rehearsed his complaints about the Claimants.
20.
At 8:43/4, in further conversation, Mr Ali said his wife was coming home, and that his
wife had said not to record (meaning film) the events. Footage then showed further
recital of his grievance by Mr Ahmed and further comment sympathetic to the
landlord from Mr Bohill. At around 8:49 an altercation occurred between Ali and the
Ahmeds. Mr Omar Ahmed filmed Mr Ali on his mobile phone at the same time as
saying:
“Liars! This is Shakir Qureshi, main spokesman in the UK for
Muslim League (N) getting evicted today by the High Court.
All the lies on the Quran. He lies on the holy Quran that he paid
a deposit and the next day he falls down and breaks his leg. No
shame on this man, no shame. I had to pay so much money to
get him out via High Court and now he can't even face the
camera, he's that much ashamed.”
21.
After he stopped filming Mr Ali, Omar Ahmed rehearsed his complaints again to the
film crew.
22.
At 08:50 Mrs Aslam returned. Omar Ahmed asked for the flat key back. There then
ensued an argument between Mrs Aslam and Omar Ahmed, in the course of which
each accused the other of lying. Part of these exchanges was in Urdu. Bohill spoke to
Omar Ahmed and said:
“Just say whatever you like. You're okay. You're okay. I won't
be stopping you.
…
No, no, say whatever you like, just give it some wellie, you
know it makes good television.”
This dialogue was not included in the broadcast.
23.
Bohill then asked Omar Ahmed about Mr Ali’s political connections, and discussed
the number of beds in the property, a significant point because of the accusation of
sub-letting. The film crew re-entered the house and the reporter Mr Rea asked the
Claimants how things had got to this point. The Claimants explained that they had
not expected such swift action, that they had not responded to the landlord’s verbal
abuse in the conversation just ended, that the debt arose because of the Claimants’
circumstances, in particular Mr Ali’s ill health and loss of income. They were trying
to do “whatever the law is asking”. They would have to try and “figure out” what to
do next. Mr Ali asked the crew to leave the room. At that point, Omar Ahmed
remarked:
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