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Manslaughter and kidnap case naming bans overturned

Two Westcountry newspapers successfully overturned court orders preventing them from naming teenagers in manslaughter and kidnap trials.

The Somerset County Gazette won the right to name a 17-year-old boy who had punched a man to the ground, causing fatal head injuries, while the Bristol Evening Post named a 14-year-old who had kidnapped a man at knifepoint for ten hours.

Both orders were made under Section 39 of the Children and Young Person’s Act 1933. These orders offer automatic anonymity to minors involved in criminal proceedings and can only be lifted by a judge.

The Somerset County Gazette had been covering the trial of 17-year-old Daniel Cain who, along with a co-defendant, was found guilty of the manslaughter of 36-year-old gardener Tim Chilcott.

At the time of the trial, the County Gazette faxed a letter to the court, setting out the paper’s arguments for an application to lift the naming ban.

The lawyer of parent company Newsquest was on leave at the time so the letter was drawn up by news editor Alex Cameron, using McNae as a reference.

Alex argued the order should be lifted in the public interest as a deterrent to others and in the interests of open justice.

At the time of the trial verdict, the decision on lifting the order was delayed until sentencing, on the request of the defence counsel.

The Gazette’s request was considered by Judge Graham Cottle at Exeter Crown Court but was opposed by Cain’s defence counsel who was concerned that lifting the restrictions could affect Cain’s family.

Alex submitted a copy of a prepared speech in support of the Gazette’s application and was questioned in the witness stand about it.

Alex said he felt it odd that Judge Cottle was being asked to consider the welfare of Cain’s family when Cain himself had not done so in committing the crime.

After the hearing, County Gazette editor-in-chief Ken Bird said: “This is the first time the County Gazette has overturned a Section 39 Order.

“The judge came to the right decision. It’s not something we took lightly but we felt the public had the right to know who carried out this appalling killing.”

Meanwhile, the Bristol Evening Post’s court reporter Geoff Bennett applied for a Section 39 Order to be lifted in naming 14-year-old Kamari Harrison.

The teenager was jailed for six years after admitting robbery and kidnap.

During the ten-hour ordeal, Harrison forced an 18-year-old man to drive around two cities, withdraw £300 cash before eventually stealing his car, Media Lawyer reports.

Geoff submitted a written application to Judge Julian Lambert at Bristol Crown Court, arguing that Harrison should be named because of the seriousness of the crime and in the public interest.

Harrison’s counsel argued that he should remain anonymous but the judge decided to lift the order, saying that any disadvantage to Harrison was outweighed by the public interest in knowing who had committed the offences.