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Appeal by trainee overturns S39 anonymity order

Kentish Express trainee Louise Edwards claimed a victory in court this week by successfully challenging a section 39 order.

Louise, (22), who started at the Kent Messenger Group-owned newspaper last December, challenged the order during the case of Rodney White, who appeared at Dover Magistrates Court on Tuesday and was found guilty of wounding his former partner by pushing a glass into her face.

A section 39 order had been imposed by magistrates at previous hearings on the basis that the couple’s eight-month-old baby daughter would be harmed by the publicity. The effect of the order meant that White could not be identified.

Before the case Louise (right), who returned from her pre-entry course at the Editorial Centre in the summer, warned the clerk of the court she would be challenging the order.

Standing to address the bench, Louise argued that the order was unlawful because such orders can only apply to youngsters ‘concerned in’ proceedings in adult courts ‘either as being the person by or against or in respect of whom the proceedings are taken, or as being witness therein’ (McNae). This did not apply to the eight-month-old in this case.

Louise also argued that the child was far too young to be affected by the publicity.

The Crown Prosecution Service agreed saying that to ban the paper from identifying White’s baby girl would give the defendant anonymity he did not deserve.

Presiding magistrate John Bonamy said the section 39 order would be revoked.

He added: “We agree to lift this order in view of the very young age of this child because it will not have any effect on her future.”

Louise said: “I was very nervous but I was sure my understanding of the law was correct.”

Kentish Express editor Brian Lewis said: “In our job initiative is everything and Louise has proved she has more than her fair share.”

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