Why a judge decided to lift a ban on identifying schoolgirl Holly Newton's young killer
As Logan MacPhail is unmasked as Holly Newton’s killer, a High Court judge has outlined the reasons for his decision to allow him to be named
by Rob Kennedy · ChronicleLiveA judge decided to lift a ban on identifying schoolgirl Holly Newton’s killer after ruling it was in the public interest for the full facts of the case to be reported.
Due to a reporting restriction imposed to protect Logan MacPhail’s identity because he was under 18, large sections of his murder trial earlier this year were unreportable. The fact Holly had been in a relationship with her killer and that it had recently come to an end had to be left out as it would have identified him.
After the 17-year-old, of Birtley, Gateshead, was convicted of murdering Holly in Hexham, an application was made by the media that the order, under Section 45 of the Youth Justice and Criminal Evidence Act 1999, should be lifted given the gravity of the crime and the fact the case could not be reported fully while it was still in place.
Now Mr Justice Hilliard has lifted the order, meaning MacPhail, who is due to be sentenced at Newcastle Crown Court later this month, can now be named and the full background of what happened reported.
In his judgement on the matter, the High Court judge said: “In deciding whether or not to make an excepting direction, the court must have regard to the child or young person’s welfare. And when the court is determining what is in the public interest, it must have regard to, amongst other things, the open reporting of crime and any views expressed by the defendant.
“I did not grant the application at the time it was made because of concerns I had about the defendant’s welfare. No discussions had taken place with the defendant by that time about what was in prospect. I deferred my final decision until such discussions had taken place and until some further information I had asked for was received.
“I had allowed the defendant to attend a large part of the trial remotely and he had had the benefit of an intermediary throughout, all to help ensure that he could participate effectively in his trial. However, I indicated that once there had been an opportunity to alert him to the possibility that his anonymity might be lifted and to consider that with him, I was likely to make an excepting direction.
“I have given all concerned the opportunity to make any further submissions they wish to on this topic. The defendant’s lawyers have not made any submissions in opposition to an excepting direction now that the possibility of such a direction has been discussed with him. The prosecution take a neutral position.
“The police have visited the defendant’s family and the possibility of the reporting restrictions being removed has been discussed with them. No concerns or objections have been raised by the police or by the family.
“Staff at the secure unit where the defendant resides have discussed with him the prospect of lifting the restrictions. The unit say that they are experienced in managing and supporting young people convicted of significant crimes who are and who are not protected by anonymity.
“The defendant himself would prefer to have his identity disclosed at this stage but I have proceeded on the basis that he is not necessarily the best judge of his own interests and so have given this limited weight.”
The judge said a representative of the Gateshead Youth Justice service wrote a letter in which she said “if other residents of the unit saw media reports and spoke to the defendant, he could be re-traumatised which might lead to self-harm.”
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The judge went on to outline the principles for lifting such reporting restrictions as set out by the Court of Appeal. He said: “The Court underlined the legitimate interests of the public in receiving fair and accurate reports of criminal proceedings and in knowing the identity of those in the community who were guilty of criminal conduct. The removal of a reporting restriction for a young person would be rare and had to be exercised with very great care, caution and circumspection because of the weight that must be given to the welfare of a child or young person.
“However, their welfare would not always trump other considerations such as open justice. The court’s decision as regards making an excepting direction is a case specific and discretionary assessment where a balance falls to be struck between the interests of the child or young person and the wider public interest in open justice and unrestricted reporting.
“In this case, so far as the defendant’s welfare is concerned, I take account of the fact that the present order will lapse in any event on 9th December 2024 (when he turns 18). The length of time before a defendant reaches the age of 18 is a relevant consideration.
“As regards open justice, the case has received considerable publicity. It concerns the murder of a 15-year-old girl by a 16-year-old boy, using a knife he was carrying in a public place. The defendant was convicted of wounding another young person who came to the victim’s assistance with intent to do him really serious harm. The defendant has been convicted of grave crimes which are of local and national concern.
“The defendant went to the victim’s home address against her wishes and later followed her after she had left her school at the end of the day. However, at present the public are not aware of a key factor in the case which is the nature of the relationship between the defendant and his victim.
“They had been in a relationship but she did not wish it to continue. This has rightly not been reported lest it might identify him, but it is impossible to have a full and proper understanding of the case and of why the defendant behaved as he did without knowing this factor.
“The defendant’s identity must also be known already within the different communities where he and the victim lived and were at school. There is great public concern about murders by young people who have carried knives in public places and about violence to women and girls. Legitimate debate is assisted by knowing who has committed such offences and their circumstances and the full detail of the offences in question.
“In my judgement, on the specific facts of this case, there are very strong reasons why in the interests of open justice the public should now have a full and proper understanding of such a serious crime and of all the circumstances in which it was committed. There are no factors which provide any effective counterweight to removing the restrictions.
“I am satisfied…that the defendant’s welfare will be properly and adequately safeguarded when his identity is disclosed. I conclude from what she said to me after the defendant was convicted that it is already known amongst residents at the unit that the defendant’s case concerned the murder of Holly Newton.
“In these circumstances and for these reasons, I am satisfied that there should be an excepting direction to remove the reporting restrictions because they impose a substantial and unreasonable restriction on the reporting of the proceedings and it is in the public interest to remove them.”
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