A judge has backed a weekly paper’s right to name and shame a violent offender despite a legal challenge.

Chelmsford Crown Court decided not to prevent the Essex Chronicle from being able to publish the name of Stephen Clark, who threatened to rape and kill his terrified partner while high on a cocktail of drugs.

Armed with a knife, he told the woman he had killed their eight month old son and that there was blood all over his cot.

Chelmsford Magistrates were last November persuaded by Clark’s legal team to invoke Section 39 of the Children and Young Person’s Act 1933.

Such an order prevents newspapers from reporting the name, address, or school, or any particulars calculated to lead to the identification of any child or young person aged 16 years and under.

The magistrates in effect blocked the newspaper from naming Clark because if they had reported the full facts of the case against him it would have led to the identification of his son.

However, Judge Laura Harris, presiding at the Crown Court, decided not to invoke a Section 39 order in the light of a letter she received from solicitors representing the Essex Chronicle.

Judge Harris said the paper’s solicitors based their legal argument upon the fact that the baby, while present during the incident, was not actually concerned in proceedings – a key test of the order.

She told the hearing: “They were right. I did look at the Act and it did seem to me that the solicitors were correct. They have cited a lot of case law in support.”

Asked for her opinion, Clark’s counsel Claire Drury replied: “I would like to argue, but I’m not sure I am in any position to.

“I would ask that the matters are dealt with sensitively.”

The Chronicle took the decision not to print the child’s first name even though it was mentioned in open court by Ms Drury.

Comments

A. Jean Hack (12/01/2009 12:18:29)
This whole business is fraught with difficulty, especially with the Judge’s comments. How can an eight-month-old baby be harmed by press publicity surrounding Clark’s actions?

Alan (18/01/2009 21:09:17)
I wonder when the so called Newshounds will wake up to the real injustice of this country.  Look on You tube under Gordon Browns Hero.  It will depict a person on full disability and mobility provided by you mugs who pay tax.  On 15 committees Labour Councillor Neighbour of the year  Councillor Anne Glover known as twinkle toes for her line dancing .  You will see what News sheets refused to publish,  Ms Glover walking unaided over 100yards climbing into a car UNAIDED then CLIMBING INTO AN HELICOPTER UNAIDED but she cannot work and as not done for years.  Of course if you are on the gravy train no reporter dares to touch it.  You honest Johns amaze me.