Anonymity orders ‘protecting those peddling death in our communities’

Judges granting anonymity orders to defendants charged with drug supply offences have been accused of “protecting those peddling death in our communities” by a former Derry City and Strabane District councillor.

Derry holds the record for the highest number of such orders. Between 2019 and 2023, there were 329 anonymity or reporting restriction orders granted in courts across the North, including 292 in Derry and five in Strabane. 17 were granted in Laganside Courts in Belfast and fewer than five each were granted in Newtownards, Antrim, Coleraine, Limavady, Ballymena and Dungannon.

Speaking to The Derry News, Emmet Doyle, Aontú Ballyarnett representative, said there was “considerable anger” in the city those charged with drug distribution were being granted anonymity in Derry Magistrate’s Court. 

Mr Doyle described the situation as “tipping the scales of justice away from victims and potential victims, towards protecting those who are peddling death in our communities”.

“The granting of anonymity orders for serious drug offences in Derry has become a focal point of anger for the public at large, and particularly for the families of victims that have died as a result of drugs,” added Mr Doyle.

“Those who are before the courts for other offences are rarely given the opportunity of such protection. 

“As part of an Aontú campaign to inject accountability into this process, while seeking to respect the independence of the judiciary, I wrote to the Lady Chief Justice about the matter. The  reply I received from her principal private secretary contained two interesting pieces of information which moved this argument forward significantly. 

“Firstly, he said Judicial Studies Board guidance on granting anonymity to defendants means, ‘in practical terms, the applicant will have to provide clear and cogent evidence to show publication of his or her name will create or materially increase a risk of death or serious injury”. I simply do not believe this is being done. 

“It is my understanding no such ‘clear and cogent evidence’ is being presented in court; solicitors are requesting anonymity orders based purely on the nature of the charges - the possession of drugs with the intention to supply,” said Mr Doyle.

In the correspondence to Mr Doyle, seen by The Derry News, the Lady Chief Justice’s principal private secretary asserted “open justice is a fundamental principle of the justice system”.

He added: “Any request to depart from this, for example by way of an application for an anonymity order or other reporting  restriction, must be clearly established as any restriction on public access to information about what happens in the justice system must be kept to the absolute minimum. In this  area, the judiciary is bound by legislation and case law.

“The Judicial Studies Board guidance on the making of anonymity orders states: ‘Where the ground for seeking [an order] is that the identification of a witness or a defendant will expose that person to a real and immediate risk to his life engaging the state’s duty to protect life under Article 2 European Convention on Human Rights (ECHR) the court will consider whether the fear is objectively well-founded. 

“‘In practical terms, the applicant will have to provide clear and cogent evidence to show that publication of his name will create or materially increase a risk of death or serious injury.’

“It will be for the judge dealing with such an application to satisfy him or herself in each case that there is a good reason to make an order and that the effect of the order is proportionate.

“The media may make representations to the court when it is considering making such an order or may challenge such decisions judicially either by way or appeal if the order is made in the Crown Court or by way of judicial review proceedings if it is made in the magistrates’ court,” wrote the principal private secretary.

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Mr Doyle referred to the reporting of recent court cases where the judge had stated anonymity was being granted ‘due to the threat existing in the city’ against those accused of drug offences in the area.

“This is not the ‘clear and cogent evidence’ demanded by the Judicial Studies Board,” said Mr Doyle.

“Secondly, it was reported in a drug-related case in the last week, where drugs including viagra and steroids were being sold, the court refused to grant anonymity because ‘the addresses for the defendants were outside the area of risk’. 

“Both defendants were from the Waterside area. Are we really saying those who pose ‘risk’ to drug accused defendants do not operate in or have access to the Waterside or drug accused defendants from BT47 will not be granted anonymity but those on the Cityside will? This is a ludicrous situation. 

“Anyone who sells drugs in our community has potentially dozens of victims, yet they are granted a level of protection that in many cases a sex offender would not receive. 

“Faith in the justice system is based, in many ways, on justice being seen to be done. However, in drug supply cases it simply is not. It is time to demand transparency and real accountability in these situations and I will continue to work to deliver it.”