Murphy case: Written judgement out
The Premier League will have to drop foreign satellite prosecutions if the European Court of Justice rules no geographical restrictions apply to their use.
The news was delivered in the written judgement of the Karen Murphy case yesterday.
Round one went against Murphy of the Red, White & Blue in Portsmouth, who was appealing against her conviction for screening Premiership football via Greek channel Nova Supersport.
But Lord Justice Stanley Burnton and Mr Justice Barling decided to refer the case to the European court.
The case against foreign satellite suppliers AV Station and QC Leisure has also been referred to Europe.
The written judgement said: "If the geographical restriction is held to be unlawful, it may be difficult to see why the subscription charge exacted by BSkyB for its service (to which the Appellant did not subscribe) should be treated as 'applicable' to the Nova programme screened by the Appellant.
"If it is not so applicable then the offence under s. 297(1) would not be established. This may need to be the subject of further argument depending on the outcome of the reference which we propose to make."
Section 297 (1) states that a programme has been received dishonestly "with intent to avoid payment of any charge applicable".
Murphy's lawyer Paul Dixon, of Molesworth Bright and Clegg, claimed it was a "powerful judgement".
"The FA Premier League should immediately abandon its campaign of criminal prosecutions against honest, decent and hardworking publicans who purchase and use legitimate European satellite television decoder cards in their pubs," he said.
Prosecutions to continue
However, a Premier League spokesman said the prosecutions would continue.
"The use of foreign satellite equipment has not been legitimised. Lord Justice Pumfrey's December judgment remains valid as does the use of section 297," a spokesman said .
"It remains the case that Mrs Murphy has been found guilty of a criminal offence.
"Action will continue to be taken against publicans who use foreign satellite equipment to broadcast Barclays Premier League football in this country."
When the European Court has reached a decision the matter will then have to return to the High Court here for a decision after which it will be open to either side to mount appeals.
The process could take up to two years.
