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Judge intervenes to halt sex case PC’s local press secrecy bid

A police officer accused of sexual assault has failed to stop local journalists from revealing details about his court case following a judge’s intervention.

Derek Montgomery attempted to get reporting restrictions implemented when appearing before Omagh Magistrates’ Court.

But District Judge Bernie Kelly shut down Montgomery’s defence barrister before he could complete his application, telling him the possibility of restrictions being imposed on any case was a “narrow avenue”.

The hearing was being covered by freelance court reporter Tanya Fowles for Armagh I when the application was made.

police tape

Montgomery, 52, is accused of intentionally touching the alleged victim in a sexual manner to which she did not consent during an alleged incident on 29 September 2021.

The defendant, who is understood to have been suspended from the Police Service of Northern Ireland, was remanded on £500 bail to appear for arraignment at Dungannon Crown Court next month.

His address was given in court as PSNI Headquarters, Knock Road, Belfast.

According to Tanya’s report, a defence barrister drew attention to his client’s default address and said a risk assessment requires to be updated.

Intervening, Judge Kelly said: “You are not getting a reporting restriction. You should know by now that is a fairly narrow avenue.

“I make it perfectly clear there are no reporting restrictions in place save for what is the standard as governed by press themselves in respect of the complainant, which applies in all these cases.”

The judge also refused an application for Legal Aid, adding: “With that address, I don’t think so. How would you get Legal Aid with those sort of wages? Take it from me, you can’t.”

Montgomery did not object to the proceedings and declined to call witnesses or give evidence on his own behalf.

Speaking about the judge, Tanya told HTFP: “She is a champion for open justice so she’s a champion for press.”