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Reporter helps overturn S39 order – then wins interview with youth's family

The Manchester Evening News was able to name a teenager whose punch left a man in a coma – and carry interviews with the victim and the boy’s family – after successfully arguing that reporting restrictions should be lifted.

District Judge Jonathan Finestein, sitting at Salford Magistrates Court, lifted a Section 39 order on 16-year-old Michael Kuba-Kuba after sentencing him to 12 months’ youth custody for attacking Phil Carroll.

The decision meant the MEN was able to report full details of the sentencing and publish a photograph of Kuba-Kuba, who was found guilty of causing grievous bodily harm.

MEN reporter Neal Keeling argued that the attack had made national headlines and it was in the public interest that how the case ended and who was responsible was fully reported.

In a written application, which included several cuttings from the MEN about the attack, Neal also said that the incident was so serious that the victim had almost died, and it had occured at a time when Tony Blair was setting out his Respect agenda on anti-social behaviour for parliament.

Applications to lift reporting restrictions were also made by Granada, the Press Association and Cavendish Press, and after two-a-half hours of deliberation the judge agreed to lift the S39.

Local contacts also meant reporter Neal was able to get an exclusive interview with Kuba-Kuba’s family, during which they told the journalist that they had prayed for the victim’s recovery and hoped that he would forgive their son.

Neal told HoldtheFrontPage: “I was in court during the trial in November and it was mentioned that a teacher had given Kuba-Kuba a glowing reference.

“After sentencing I spoke to his deputy head teacher and asked if the family would be interested in speaking to me. The dad agreed on the condition that the teacher was there at the interview.”

Victim Phil Carroll also welcomed Neal into his home for an interview – despite the police telling the reporter that he did not want to speak to the media as a press conference had been held during the trial in November.

Neal said: “As soon as Kuba-Kuba had been sentenced I rang up the police and asked if they thought Mr Carroll would be prepared to comment, but the police said he wouldn’t be making any further comments.

“But I had two hours to kill between sentencing and when the reporting restrictions were lifted so I went up to his home and despite what the police had said they were happy to give an interview.”

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