A reporter has won the right to name a police officer facing criminal charges after a judge who later admitted “not knowing the procedures” granted the defendant anonymity.
Tanya Fowles has been able to reveal the identity of Sean Farrell, who is accused of unlawfully obtaining personal data from a police case file and unauthorised access to computer material, following a battle involving one of the UK’s most senior judges.
The case has led to a reminder being sent to judges in Northern Ireland reminding them about the recommended procedure for reporting restriction applications.
Tanya, pictured, who is a freelance court reporter in addition to her duties as a BBC local democracy reporter, was blocked from speaking via videolink after Farrell’s defence lawyer sought anonymity on the grounds that he “claims to be under threat.
No notice had been given to her prior to the application and neither the defence nor the deputy district judge at Dungannon Magistrates Court engaged with her, in breach of protocol.
Tanya, who has mounted a longstanding campaign against reporting restrictions being issued on spurious grounds, referred the matter to the Office Of the Lady Chief Justice and it was later raised in court after the order had been made.
Tanya told the judge: “We were online but muted when we tried to speak.
“The defendant’s identity has been publicly listed for two weeks, so there was no excuse not to put Press on notice.”
After the judge conceded he was “not sure exactly what the procedure is”, Tanya added: “The position is now with the Chief Justice. The order is made.
“While we’re not happy that procedures were breached, we will address that by submission.”
She subsequently filed a written challenge highlighting how three out of the four parties at the hearing – the judge, prosecution and defence – had legal expertise, yet it was she who was required to correct the position.
Tanya told HTFP: “It was stressed lack of knowledge can never excuse procedural breaches, especially in circumstances involving a court order.
“The judge also failed to take into account Farrell has a PSNI default address, therefore safeguarding was activated.”
After the case returned to court, another judge lifted the ban protecting Farrell.
A spokesperson for the OLCJ has since told Tanya the Judicial Studies Board has sent a reminder to deputy district judges on the recommended procedure for reporting restriction applications.