Three reporters in Exeter teamed up to persuade magistrates not to go into secret session to hear a case against a man arrested in connection with a major drugs inquiry.

The defendant had been picked up by armed police in the city on suspicion of offences committed in Cleveland. Authorities in France and Germany are also seeking his extradition to answer drug smuggling allegations.

He appeared at Exeter Magistrates’ Court facing conspiracy charges in relation to sensitive information allegedly obtained from three Cleveland police officers.

His lawyer attempted to have the case heard in camera and convinced JPs that the press and public should be excluded while he made an application to them.

The three reporters present, Nick Irving (Devon & Exeter News), Richard Davies (Express & Echo) and Sharon Goble (Westcountry TV), sought advice over the ruling from local solicitor James Cross, with a view to challenging the decision.

Irving was then allowed to read a statement on behalf of the reporters to the court.

It said: “Our understanding is that the court can sit in camera if there is an extension of a person’s detention and not where a person has been charged with a criminal offence.

“We argue that this is a normal remand hearing which is covered by the normal reporting restrictions.

“There has been no application to lift those reporting restrictions, which limit what the media can report, as defined by the Magistrates’ Court Act.

“To be excluded from the proceedings in this way without reason we would say sets a dangerous precedent where people have been charged with a criminal offence and takes it out of the public arena.

“This case has clearly got to go to a judge at a higher court where further restrictions may be put in place.”

Quoting article 6 of the Human Rights Act (Right to a fair trial), he went on: “…the Press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society…”

The defence lawyer argued that his application was legal but the clerk of the court said such a move was only justifiable if it served the interests of justice and should only be a last resort. He said it was to be avoided if there was any other way of way of conducting the hearing.

The Bench agreed that the hearing should be held in open court: the whole process took three hours.

Back to the law index

Do you have a story about the regional press? Ring 0116 227 3122/3121, or
e-mail [email protected]