AddThis SmartLayers

Weekly wins legal fight to name defendant

A weekly newspaper won a legal fight against a judge who wanted to ban the name of a man on trial for violent crimes because his daughter did not know he was in court.

Ludwik Latos, of Charles Street, Reading, denies two counts of threatening to kill, two assaults by beating and one assault with attempt to resist arrest.

Recorder Charles Bear, QC, sitting at Reading Crown Court, attempted to use a legal ban on naming a child involved in a court case to prevent the Reading Chronicle publishing his name.

He told Chronicle reporter Joe Gammie that to stop Latos’ nine-year-old daughter finding out about the case through the media, she should not be identified and his name should not be published.

However, Joe pointed out that the powers used by the judge to evoke the order have strict guidelines and in general, only children who are witnesses or victims in a court case cannot be identified. Latos’ daughter was neither.

After presenting a robust argument to the judge, the Section 39 of the Children and Young Persons Act 1933 was revoked.

Chronicle editor Lesley Potter said journalists needed to be vigilant to ensure principles of open justice are not eroded by the court.

She said: “If it was allowed that a defendant’s name could be witheld from the public because a family member was not aware of a case, then that would open the flood-gates to back door name suppression.”

The court heard that Latos attacked Michal Walek after accusing him of sleeping with his girlfriend.

The trial continues.

2 comments

You can follow all replies to this entry through the comments feed.
  • October 6, 2014 at 10:48 am
    Permalink

    Judges who (try to) impose Section 39 Orders erroneously should be done for Contempt of Court.

    Report this comment

    Like this comment(0)
  • October 6, 2014 at 1:54 pm
    Permalink

    I agree about the need not to impose these orders. But on a slight side issue, had I been Holdthefrontpage I might have used the story minus the defendent’s name – I think you’ll find that legally the website should now cover the result of the case!

    Report this comment

    Like this comment(0)