The Derby Evening Telegraph successfuly challenged a gagging order imposed by a judge at the end of an inconclusive murder trial.

Jurors at Nottingham Crown Court were discharged on March 28 after failing to reach a verdict on the charge against Paul Roberts, who was accused of knifing another man to death in a pub.

The case had been covered extensively by the Evening Telegraph. But Mr Justice Kennedy banned any further reporting of the case until a verdict had been reached in the retrial. The media was not allowed even to report that a retrial would take place.

“Justice had gone into a vacuum,” said Evening Telegraph deputy editor Mike Norton.

“We couldn’t tell our readers that a retrial had been ordered and were faced with the prospect of not being able to report the retrial either. Our readers were left hanging in mid-air. They might have come to the conclusion that the defendant had been released, as our last report had said the jury could not reach a verdict.”

The paper sent a letter to the judge’s clerk and the following day at 11.30am, Mr Norton was told that the judge would see him in chambers at 2pm, but he must be represented by Counsel.

“There was a mad dash to find a barrister and brief her,” Mr Norton said. “She put our case and the judge agreed that his original order banning any further reporting until the verdict of the trial should have included the words ‘unless it be to report that the judge ordered a retrial’.

“In other words, we could report that a retrial had been ordered – but still faced a ban on reporting proceedings of the retrial.”

Mr Justice Kennedy would not move on this point but said the paper could write to the retrial judge, Mr Justice Holland, to seek further clarification. This had to be done in open court on April 3 before the jury was sworn in, with the Telegraph against represented by Counsel. This time, the judge accepted the Telegraph’s case and lifted the ban.

On Friday, Roberts was found guilty of murder and jailed for life.

The Telegraph’s legal bill for the two appearances was £500.

Mr Norton said: “It was very frustrating to have to pay a barrister to clarify an order that should have been clarified in the first place.”

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