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Reporter overturns court order in attempted baby killing case

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Maidstone Crown Court

A local newspaper reporter has overturned a court order banning the identification of a 15-week-old baby whose mother tried to kill him.

Former teacher Kim Clark, 34, hurled the baby head first to the floor at her home in Ashford, Kent, leaving him permanently brain damaged.

The early stages of the case had been reported without stating the baby’s relationship to Clark, following an order under Section 39 of the Children and Young Persons Act that no details should be reported that were likely to lead to the identification of the child.

But following a challenge by KM Group court reporter Keith Hunt on Friday, a judge agreed to amend the order so the full details of the case could be reported.

Clark was sentenced to 12 years’ imprisonment at Maidstone Crown Court on Friday, having previously admitted a charge of attempted murder.

In a submission to the court, Keith said the public interest in knowing the full background to the case far outweighed the need to maintain the child’s anonymity.

He told the court: “We do not wish to name the child or give any details about his current whereabouts or arrangements made in relation to his care.

“In any event, if there are proceedings under the Children Act it would be unlawful to identify the child in relation to those proceedings by virtue of the Children Act 1989 section 97.”

Keith added: “We submit a major factor to be taken into account is that the child is too young to appreciate any resulting publicity.”

The application was opposed by Clark’s lawyer and counsel appearing for the local authority in family proceedings.

In his ruling, Mr Justice Spencer said: “I have considered carefully the competing submissions and the competing interests. For the reasons I have explained in my sentencing remarks, this is an extremely serious case in which I have decided that punishment as well as treatment is appropriate.

“It is important in the interest of open justice that the public understands the reasons for the sentence I have imposed, and that the full circumstances of the offence are made known.

“The defendant’s relationship to the victim is an important part of those circumstances. A limited amendment of the order, as the press propose, simply to permit reporting of the fact of the relationship, would not harm the child now, or in the foreseeable future.

“It may be several years, if ever, before he has the mental capacity to understand such matters. Work will inevitably have to be done within the context of the family proceedings (whatever their outcome) to acquaint the child with the true circumstances.

“The balance, in reality, is between the risk of accidental disclosure to the child via archived material on the internet several years hence and the public interest of the press being permitted to report a serious case in full at the time of sentence.

“In my judgement that balance comes down firmly in favour of the press being permitted to report the fact of the relationship.”

Clark will be detained in hospital under the Mental Health Act and will only be sent to prison if she becomes well enough before the sentence expires.

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  • March 22, 2016 at 10:27 am
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    Very well, KM group did a great job. Such a horrible case, glad to see it at least received the much-needed exposure.

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