The
nurse who was the victim of a prank call to the
Duchess of Cambridge was found hanged, according to reports.
Jacintha Saldanha, 46,
was found dead in the nurses' quarters near King Edward VII hospital in London
last Friday, leaving behind a note for her husband, Benedict Barboza, and their
teenaged children Junal and Lisha.
Sources for various UK
media outlets, including the Guardian and Sky News, have confirmed that
Saldanha's body was discovered hanged in her room. A post-mortem was completed
Wednesday and results will be released Thursday.
Saldanha was the nurse
who answered the phone from two Australian DJs who were impersonating the Queen
and Prince Charles in a prank call. She spent just a few seconds on the line
with them before transferring the call to the another nurse stationed on the
floor where the duchess was being treated for acute morning sickness. The prank
call continued for a few minutes as a nurse answered some questions about
Kate's condition.
Three days later,
Saldanha, who had worked at the hospital for four years, took her life.
According to the Daily Mail, her family was unaware of her involvement in the
hoax until after her death. The nurse's family lived in Bristol and she had
been staying in London and commuting back home on her days off.
Anger was immediately
directed at the 2Day FM radio station, which has pulled the program and its
hosts, Mel Greig and Michael Christian, off the air. In the wake of the
tragedy, the station, while saying it did nothing illegal, has promised a
minimum $500,000 to Saldanha's family.
The family, right,
plans to have burial rites for Saldanha in her native India. They are demanding
that the hospital conduct an inquiry into the circumstances around her death.
"She clearly
loved her job, loved her work, cared deeply about the health of her patients,
and what's happened is a complete tragedy," British Prime Minister David
Cameron told Parliament on Thursday. "There are many lessons that
need to be learned."
In
this image made off video footage recorded Monday for the program "A Current
Affair"by Australia's Channel Nine, radio DJs Michael Christian, left,
and Mel Greig express their remorse at the death of Jacintha Saldanha after
they made a prank phone call to the hospital.
Royal baby prank: Radio station
may have broken the law by airing call, say experts
SYDNEY—The Australian radio
station behind a hoax phone call to the London hospital where the pregnant
Duchess of Cambridge was being treated could face criminal charges for airing
the conversation, legal experts said Tuesday.
Last week’s prank was widely
condemned days after it aired, after the still-unexplained death of a nurse who
answered the phone and helped two DJs get confidential information about the
former Kate Middleton’s health. But when it comes to a potential criminal case,
the question is not about the death; it’s whether a private conversation was
broadcast without the permission of the participants.
Violators could be sentenced to
prison, but it’s unclear who at radio station 2DayFM or its parent company,
Southern Cross Austereo, made the decision to air the call. The DJs have said
executives above them made the decision, but a former 2DayFM host who
orchestrated many pranks for the station said DJs were always involved in such
decisions while she was there.
Southern Cross Austereo has
said the station had tried five times to contact the hospital, but privacy law
expert Barbara McDonald said that could prove to be an inadequate defence.
“Seems to me that saying, ‘We
tried to call,’ shows that they knew they should, and they’ve made a decision
to go ahead knowing that they have not got permission,” said McDonald, a law
professor at the University of Sydney. “I don’t know whether it makes the
situation better, or worse.”
The New South Wales state
Surveillance Devices Act prohibits the broadcast of recorded private
conversations without participants’ permission, with violations punishable by
up to 5 years in prison and a fine of up to 55,000 Australian dollars
($58,000).
McDonald said the Commercial
Radio Code of Practice has a similar ban, but she added that even if
Australia’s media watchdog found violations, the most extreme punishment — loss
of license — is almost unheard of.
Australian authorities have
said little about any possible investigation. State police have said only that
they’ve been in contact with their London counterparts and are ready to assist
them in any British investigation.
Radio hosts Mel Greig and
Michael Christian called London’s King Edward VII Hospital last week.
Pretending to be Queen Elizabeth II and Prince Charles, they asked for word on
the Duchess of Cambridge, who had been suffering from severe morning sickness.
Jacintha Saldanha, the nurse who answered the phone, put them through to the
ward, and the duo received confidential information on the duchess’ condition
that was later aired.
The radio station trumpeted the
prank call until Friday, when Saldanha was found dead. Police have not
disclosed the cause of Saldanha’s death, but many have assumed it was related
to the stress from the call. An autopsy was to be held Tuesday.
Grieg and Christian tearfully
apologized for the prank in televised interviews Monday, after days of
condemnation in countless Internet posts around the world.
Southern Cross Austereo also
has apologized, and stopped running any advertising on 2DayFM following
Saldanha’s death. On Tuesday it issued a statement announcing that ads would
resume Thursday, with all profits for the rest of December to be donated to “an
appropriate fund that will directly benefit” Saldanha’s family. The company
said it would donate at least 500,000 Australian dollars ($525,000).
Austereo has repeatedly
insisted that it followed the law. The company said in a statement Monday that
the segment underwent an internal legal review before it was broadcast.
The company “does not consider
that the broadcast of the segment has breached any relevant law, regulation or
code,” Austereo said, adding it would co-operate with any investigation.
On Monday, Austereo CEO Rhys
Holleran said 2DayFM had tried five times, without success, to contact the
London hospital to discuss the prank before it aired. The King Edward VII
Hospital denied its management had been contacted by 2DayFM.
Media law expert Mark Pearson
said that even if the station had tried to contact the hospital, that isn’t
enough under the law. He said permission must be granted by the person involved.
If the case went to court, it
is possible that a judge could decide that an attempt at getting permission was
sufficient, but only if the lawyers could prove that any “reasonable person”
would agree that enough was done, said Pearson, a journalism professor at Bond
University in Queensland state. He considered such a ruling to be a longshot.
“I think lawyers would be
hard-pressed to argue that a few unprovable phone calls was enough to show that
there had been a reasonable attempt to get permission,” he said.
The case also could be
investigated by the Australian Communications and Media Authority, the
country’s media watchdog. McDonald, the University of Sydney professor, said
that stations found in violation generally are given warnings or told to train
staff in proper procedures.
The authority has said it has
received complaints about the hoax call and is looking into the case, but has
not yet launched an official investigation.
Greig and Christian’s comments
Monday about higher-ups making the decision to air the call only raised more
questions for Wendy Harmer, who hosted a morning show at 2DayFM from 1993 until
resigning in late 2003.
Harmer said that when she was a
DJ, she played an integral role in those decisions, and personally approved the
many on-air pranks that she was responsible for.
The program producer, program
manager and station manager needed to approve segments as well, Harmer said.
She added that some segments were brought even higher to the group station
manager for approval.
“If you’re a DJ, and you’re in
front of the microphone, this is a very powerful medium and you should be
absolutely apprised of all your responsibilities and all the rights of the
audience,” Harmer said. “And so to hear a couple of DJs who didn’t seem to understand
what those were was, I must say, alarming.”
She added the company’s
statements that it had sought permission five times, and that the hoax call
underwent legal review, are signals that the company knew “there’s something
big going down.”
“I would say, ‘If we have to
bring the lawyers in, I’m not going to do it.’ But I can say that with
hindsight,” she said.



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