AddThis SmartLayers

Judge lifts anonymity order on alleged sex offender who threatened to self-harm

Tanya FowlesA controversial anonymity order imposed after an alleged sex-offender threatened to self-harm if identified has been lifted.

John James Morgan (54) from Bessbrook, County Armagh, is charged with attempting to communicate sexually with a child and attempting to cause a child to look at an image of a person engaged in sexual activity, on dates between 12 September and 19 November 2022.

He first appeared at Newry magistrates court on 20 March where a defence solicitor made an application for reporting restrictions without notice to the press.

The judge on that occasion granted an interim ban based on a GP note stating Morgan had previously self-harmed, but advising that further evidence was required.

Freelance court reporter Tanya Fowles, pictured, challenged the order in a submission made via the Office of the Lady Chief Justice.

At a further hearing on 1 May the case was transferred to Craigavon Crown Court for arraignment on 28 May.

At that hearing the defence stated, “An anonymity order was granted at first appearance which was extended. My application is for that to be extended again to allow the matter to be addressed at crown court.

“The defendant advises of issues on his part and we have sought medical evidence but it isn’t before court. His GP advises he is being treated by the mental health practitioner in the surgery, from whom we are seeking further correspondence.”

District Judge Eamonn King said that if he were to be persuaded to extend the order he would need additional medical evidence, adding: “I don’t have it and I’m not extending the order.”

Judge King said he was not satisified that there was any real and immediate risk to the defendant.

In challenging the reporting restriction, Tanya pointed out that the defence had failed to provide advance notice or medical evidence despite the procedures stipulated within Judicial Studies Board Guidance.

She referenced the comments of Judge Gordon Kerr KC during a similar situation before Newry Crown Court in 2023, who said, “When the (magistrates court) judge made the order, protocol was not followed, nor were the press put on notice. That should not happen.

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

Commented Tanya: “It is not the responsibility of the press to seek to establish circumstances and as such they were deprived, perhaps intentionally, of necessary information – a wholly unfair and unacceptable position.

“The only information the press knew was the allegations are sexual and in recent years such cases have disproportionately led to applications for reporting restrictions citing self-harm.

“This is generally not connected to offending but rather the allegations becoming known, equating to shame and embarrassment, which are considered grounding or appropriate reasons for reporting restrictions.

“It was also stressed any real and immediate risk to life from self-harm becomes a matter for the individual’s clinicians, who can invoke the Mental Health (NI) Order 1986 by detention in an appropriate medical facility for assessment and safeguarding.”