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Reporter persuades magistrates to let neglected baby be identified

A reporter at the Westmorland Gazette successfully appealed against a Section 39 order imposed by magistrates to stop the identification of a neglected baby.

Paul Duncan, (34), argued that the baby girl could not be affected by publicity and the only person to be protected by keeping her name secret would have been the defendant.

He also said it would not been possible to report the hearing in a meaningful way, or identify the defendant, if the order had remained in place – thereby obstructing the principle of open justice in court reporting.

The case involved a 32-year-old man who pleaded guilty to neglecting his eight-month old daughter by leaving her home alone on two occasions after drinking several bottles of wine.

The incident came to light after police forced their way into his house and discovered him asleep, oblivious to his daughter’s crying.

On hearing a S39 order had been imposed, reporter Paul went back to his office and with the help of newsdesk staff returned to court armed with evidence of previous successful newspaper appeals in similar cases.

He persuaded the clerk at South Lakeland magistrates to reopen the hearing, and during his submission he used the similar example of the 2000 case when the editor of the Banbury Guardian persuaded magistrates to lift a section 39 order banning the identification of an 18-month-old child who’s father had pleaded guilty to being drunk in charge of a baby.

Despite opposing arguments from the offender’s defence solicitor, Paul won the day and the magistrates overturned their previous order.

Paul said: “It was a daunting experience, but I knew that I had a good case, and was grateful to the magistrates for agreeing to go back on their previous judgement.”

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