Complaint
The programme included discussion of the conviction of Vickrum Digwa for the murder of Henry Nowak. A viewer complained the programme misrepresented the nature of the murder weapon falsely suggesting there was a religious exemption for carrying one. The ECU considered whether this met the standards for due accuracy and impartiality set out in the BBC Editorial Guidelines.
Outcome
Under UK law, the ECU noted it is illegal to carry most knives in public without a good reason. But carrying a knife for religious reasons is listed as a potential lawful defence with separate legislation protecting the right of Sikhs to possess and supply kirpans - a ceremonial dagger that is one of the religion’s five articles of faith.
The ECU acknowledged the court heard that Digwa was carrying two separate knives, a small kirpan beneath his clothing and the larger dagger which he used to murder Mr Nowak. But it did not agree it followed that the larger dagger had no connection with Digwa’s religious practice or that his possession of it was necessarily unlawful.
In his sentencing remarks the judge considered Digwa might have had a legitimate reason under the law for carrying the dagger when he encountered Mr Nowak, although that reason ended when he removed it from its sheath. Possession of the larger dagger was therefore not necessarily illegal nor were the religious provisions in the law of no relevance to this case.
Not Upheld