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Evening News overturns S39 on baby in neglect case

The Cambridge Evening News has successfully overturned a Section 39 order on a nine-month-old baby in a child neglect case.

It was the paper’s second attempt at getting the banning order lifted, and meant it could report fully on the case.

Judge Gareth Hawkesworth had considered the paper’s first appeal from crown court reporter Toni Fairbairn at an initial hearing into the case.

But despite the 18-year-old father pleading guilty the paper’s application was turned down after both the defence and prosecution barristers argued against it.

They said care proceedings were due to start, and the child, who has the same surname as the father, would suffer in years to come from the adverse publicity.

But the banning order meant the Evening News was also unable to name the father as this in turn would identify the baby, and so the paper persisted.

Reporter Toni pointed out to the prosecution that the baby was too young to suffer any detrimental effect from press reporting and said care proceedings were normal in a case like this and should have no bearing on a criminal hearing.

She met with Judge Hawkesworth in his chambers after the case was adjourned, and he agreed to consider a written submission from the paper at the next hearing.

Editor Murray Morse wrote to the judge highlighting a number of similar cases where the Section 39 had been lifted, including Judge Suzan Matthews in 2004 rescinding an order she had made at Reading Crown Court banning the naming of an 18-month-old girl left blind and disabled by her father.

Assistant editor Peter Jeffrey represented the paper in court where, after hearing mitigation from the defence, Judge Hawkesworth agreed to lift the Section 39 order.

He said the story would only stay in the public consciousness for a couple of weeks and therefore not stigmatise the baby even if he grows up in the local area.

Editor Murray said: “It is important that the regional press takes a stand against banning orders which are often imposed without the courts fully thinking through the implications for the media.

“We could not report this story fully without revealing the identity of the baby and breaking the Section 39.

“It is essential that local papers make sure the justice system is open, transparent and accountable. Toni Fairbairn is a fine court reporter who paved the way for this application to be successful.”