A bid to prevent a photo of a religious education teacher on trial for child sex offences failed after a reporter challenged a defence barrister's plea.

Olly Hemans, from Reading-based INS News Agency, was at Aylesbury Crown Court when barrister Patricia May applied for a ban on publishing the photo of her client leaving court.

She argued that by printing the defendant's photo, members of his community would be able to identify his victims.

This was despite the fact that the 42-year-old had already been named in previous reports.

Olly Hemans

Olly, who moved to INS after a long stint as news editor of the Maidenhead Advertiser, challenged the submission in open court and Judge Christopher Tyrer adjourned his decision for several hours.

In the meantime, Olly relayed news of the defence bid back to the INS newsdesk which editor Neil Hyde said he "greeted with derision".

Neil wrote a letter to the judge stating that the court had no power to apply a Section 39, under the Children and Young Person's Act 1933, which states nothing should be published which could identify children in court cases.

The letter added that the photograph had already been circulated to national and local papers. It said that juvenile witnesses were already protected by law and anyone who might be able to identify the victims through the defendant would not need a picture of him to do so.

Submitting that there was no basis in law for the application, Neil's letter added: "I would suggest the grounds put forward by the defence are spurious and potentially aimed at protecting their client and not others associated with the case."

After considering both sides, Judge Tyrer told the defence barrister: "If you would like to make more representations I will have to invite INS to send someone to represent them but I confess I think you are in grave difficulties."

She then conceded her position.

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