Journalists have been barred from naming an alleged fraudster despite a judge admitting they were not given a proper chance to challenge the order protecting him.

The defendant, who is alleged to have taken tens of thousands of pounds, has been granted anonymity on the basis he is at risk of self-harm if identified even though his case has already been active for two years.

Reporters were not given prior notice of the application which was granted at committal stage by a deputy district judge at Banbridge Magistrates Court and are now unable to name the defendant in subsequent reporting from Newry Crown Court.

Judge Gordon Kerr KC, the presiding judge in Newry, has accepted protocol “was not followed, nor were press put on notice” when the Reporting Restriction Order was issued in Banbridge.

At the time of the impromptu submission, the case was being covered remotely by journalists and they could not be heard by the court when asked if there were any objections.

Judge Kerr confirmed the order will lapse at the point of arraignment, at which point defence counsel will have to put press on notice if they seek fresh reporting restrictions.

Among the journalists covering the issue is Tanya Fowles, pictured, who has long campaigned to raise greater awareness of spurious attempts by criminals to keep their identities secret.

A written challenge of the order was made ahead of the scheduled arraignment hearing in Newry, although this has been adjourned after the court was told by defence counsel that the defendant, who is in his 50s, was “essentially housebound and we are seeking expert evidence to ascertain if he is capable of attending court”.

Judge Kerr said: “When the [magistrates court] judge made the order, protocol was not followed, nor where press put on notice.

“That should not happen. No judge, whether at magistrates or crown court, should be invited to make an RRO without following the full protocol and giving press an opportunity to be heard, which was not done.”

The defence confirmed this would be addressed and Judge Kerr added: “Full notice should be given… with details of medical evidence relied upon. A summary of that is normally, properly given to press.”

Tanya, who has brought the issue to the attention of the Office of the Lady Chief Justice in Northern Ireland, told HTFP: “Judge Kerr’s comments – which press now regard as the benchmark – were drawn to the attention of the OLCJ, with a suggestion of further mandatory training for all judges around procedures as well as the role of journalists within open justice, and the responsibility of judiciary to ensure full procedural adherence.

“Press expressed disappointment at the lengths they were required to go in order to highlight errors and were left battling to uphold the very protocols established to protect open justice and accountability.

“The OLCJ were offered the opportunity to respond but to date have not done so.”

The accused is alleged to have acted as a sales agent for persons selling properties in Turkey and America from whom he demanded payments for various costs including advertising, translation, taxes and lawyers.

Owners were required to transfer funds into the accused personal bank account, with tens of thousands allegedly concealed and converted between 2015 and 2018.