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Archant Norfolk papers win High Court case

Archant Norfolk’s Eastern Daily Press and Lowestoft Journal have won a year-long High Court battle to name a former councillor who admitted being drunk in charge of a child in a local supermarket.

According to Archant: Theresa Gandy, 35, who represented Lowestoft’s Harbour ward on Waveney District Council, had tried to obtain a court order which would have prevented details of her crime being published.

But the Archant Norfolk papers fought to block any restrictions on reporting her case and won the backing of two High Court judges, who agreed she could be named. Gandy, a Labour councillor since 2011, stepped down from the council the same day.

Gandy, of Lyncroft Road, Pakefield, had appeared at Lowestoft Magistrates Court in May last year where she admitted being drunk in a supermarket while in charge of a child, aged two-and-a-half.

The former pupil at Sir John Leman High School in Beccles was fined £100, ordered to pay costs of £85 and hit with a victim surcharge of £15.

She was four times the legal drink drive limit and it was the second time Gandy, had been caught in similar circumstances, having been cautioned in August 2011.

She said she had let people down and turned to drink to cope with severe post-natal depression and high level anxiety. “I deeply regret the incident last year as I let myself, my family, my party and my constituents down. Whilst I am not making excuses for my behaviour, during that time I was suffering from severe post natal depression and high level anxiety, and unfortunately used alcohol as a crutch.

“At the time of the incident I offered to resign but having taken advice from both the Labour Party and Waveney District Council I was informed that as it was a personal issue I did not need to resign.”

“This incident has never affected my ability to effectively fulfil the role of being a councillor. I have now resigned as I believe the publicity surrounding this will make my continuing in the role untenable, plus I want to spend more time with my family. I sought legal advice to obtain an injunction to stop any printing of the story purely to protect the privacy of my family and not for any personal reasons.”

Nigel Pickover, Archant Norfolk's editor-in-chief, said: “At a time when some politicians are trying to bring in controls on Britain’s press by statute, it is gratifying to see two High Court judges protect our right to report a court case which contains important information in the public interest.

“That a councillor should be able to keep such information away from a town’s gaze is a nonsense. I’m pleased the courts stopped this in its tracks and now we can tell the full story. The councillor involved has already quit, which is sad for her, but this is an important day when we haven’t buckled in the face of an injunction that was simply wrong.”

Sarah Branthwaite, a solicitor at Foot Anstey law firm, which advised the EDP, said: “This was a matter of utmost public interest and the EDP took a principled stand to protect the public’s right to know about it. Regional papers are the eyes and ears of the communities they represent.

“In this case the EDP fought to prevent an erosion of the open justice principle – it is vitally important that the media can report what happens in the criminal courts and identify those who commit crimes. The EDP is to be congratulated.”

Archant Norfolk development editor Tim Williams led the legal fight.