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Principle of open justice 'under attack' – editor

The South Wales Argus has again been hit by a “back door” bid to ban the identification of adult defendants accused of offences against children.

For the third time in recent months a Gwent council has sought – and been granted – a naming injunction in relation to a criminal case.

This time a family division judge granted the High Court injunction preventing the naming of a man jailed for four years for fracturing his six-week-old son’s skull.

The Argus had successfully argued for the lifting of a Section 39 order during the criminal trial banning naming of the baby on the grounds children of such a young age could not be adversely affected by publicity.

This meant the Argus was able to report in full the conviction of 24-year-old David Woods for the attack on baby Lewis.

But on the day of his sentencing, and after the Argus had gone to press, the local council caring for the child was granted an injunction banning publication of anything that might identify the baby, including Woods’ details.

The injunction was later revoked after Argus newsdesk staff informed the council that Woods and the baby had already been identified on conviction; and that the paper had already been on the streets for some time with sentencing reports.

The story was also running on the Press Association wire and local teletext services.

Argus Editor Gerry Keighley, (pictured), said: “This case highlights a growing trend among local council social services departments to seek High Court injunctions even when a crown court judge has allowed identification.

“It is turning the reporting of any criminal case that involves children and the social services into a minefield.

“I expect my reporters to challenge court orders if we believe they are inappropriate or prevent justice being seen to be done.

“Now, even when we are successful, we get an injunction slapped on us without warning. The likelihood then is that if we try to challenge the injunction, the High Court judge will order a full hearing with a clutch of barristers present that makes the risks of enormous costs a real threat.

“I believe this will become a major problem for papers everywhere once social services departments around the country latch on, and it is a flagrant attack on the principle of open justice.

“It allows people like David Woods to remain anonymous and it could prevent exposure of social services neglect, which is surely not the point of our justice system.”

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