Judge Affirms Anonymity for Drug Suspects Amidst High Derry Figures

District Judge Barney McElhom of Londonderry declared his commitment to continue providing anonymity to alleged drug traffickers until notification is received that the danger to them has ceased. His statement followed a BBC News NI disclosure that a greater number of anonymity orders in drug-related proceedings were issued in Derry over the past five years compared to the aggregate total for the remainder of Northern Ireland. Data indicates that nearly 90% of the 374 anonymity orders in drug-related legal actions originated in the city. Paddy MacDermott, a solicitor from Derry, connected the elevated figures to the threat posed by dissident republicans, though the National Union of Journalists (NUJ) expressed apprehension, asserting that anonymity ought to “never become the default”. Judge McElholm made these remarks at Londonderry Magistrate’s Court on Thursday, concurrently granting anonymity to a 40-year-old woman facing charges of possessing cocaine with intent to supply, dating from Monday. He commented that while the charge of intent to supply might ultimately not proceed, the difficulty lay in the potential repercussions if an individual’s identity was “out there as a drug dealer”. Data acquired by the BBC indicates that from 30 September 2019 to 2024, the volume of orders approved at the Bishop Street courthouse exceeded by 13 times the 25 orders issued at Laganside in Belfast. Throughout his professional life, Mr. MacDermott stated he has submitted “dozens, if not hundreds” of comparable requests. The legal professional noted that judicial bodies consider “sympathetically” requests where a defendant’s life or safety might be jeopardized by public identification. He identified a primary apprehension stemming from the appearance of the republican paramilitary organization Republican Action Against Drugs (RAAD) in 2007. “This led to quite a lot of so-called punishment shootings in this city.” He added that “That led to concerns they [paramilitaries] were getting information from the media,”. Jasmin, daughter of Pauline Duddy, passed away last year at 21 years old following the consumption of prescription drugs. Ms. Duddy is now advocating for the elimination of anonymity orders in drug-related proceedings. “I’ve actually been in court and listened to anonymity orders getting thrown out willy-nilly,” she said.“Why is the judiciary protecting these people?“These people need to be named. The judiciary has to abolish this order.“People have the right to know who’s supplying these deadly drugs to their children.” Dessie Kyle represents HURT [Have Your Tomorrows], a charity located in Derry established to assist individuals struggling with drug and alcohol dependency. He observed that certain suspects were “taking advantage of this cloak of anonymity” yet also stated: “We wouldn’t want vulnerable people to be going through additional pressure if their names and addresses came out.” He noted that judges face challenging determinations in drug-related matters. “We are dealing with people who are vulnerable, who need support, they don’t want to be paced in further jeopardy by having their names and identities widely known – for others though, who are hiding behind anonymity then surely there has to be a different result from the courts.” The Police Service of Northern Ireland (PSNI) indicated that the issuance of anonymity orders falls under the purview of the judiciary. Detective Chief Inspector Phelan, associated with the PSNI’s organised crime branch, affirmed their unwavering dedication to confronting the “cruel issue” of paramilitary-style assaults. “These appalling acts of violence have no place in our society,” he said.”The brutal injuries inflicted are a stark violation of people’s basic human rights and those responsible don’t care about the long-term physical and emotional damage they inflict on victims and their families.” Several individuals facing drug-related charges have sustained injuries in paramilitary-style shootings within the city. Among the 37 paramilitary-style shootings recorded in 2022/23, police statistics reveal that the majority occurred in Derry City and Strabane (14), succeeded by Belfast (10) and Ards and North Down (6). These identical regions experienced the most significant rise in shooting incidents compared to the preceding year; the count in Derry City and Strabane rose by eight, in Belfast by five, and in Ards and North Down by four. In the last year, out of 12 paramilitary-style shootings, six took place in Belfast and three in Derry City and Strabane. Two were reported in Ards and North Down, and one in Causeway Coast and Glens. Séamus Dooley, assistant general secretary of the NUJ, asserted that anonymity orders should be employed solely when indispensable. “Anonymity must never become the default position and it is especially concerning that journalists have been unable to report on hundreds of cases in Derry,” he said.”The high level of orders in Derry is of particular concern and underlines the need for determined action to tackle the scourge of drugs within the community.”Legal processes must not be abused to protect those who exploit vulnerable people or seek to profit by inflicting misery on communities.” Brian Archer, a part-time district judge and lawyer based in Belfast, serves as a spokesperson for the Law Society, the body representing solicitors across Northern Ireland. He affirmed that judges do not issue such orders “willy-nilly”. Mr. Archer explained that every application requires corroboration through evidence provided by both the solicitor and the police. Nevertheless, he acknowledged that comparable requests in drug-related matters are “few and far between” beyond Derry. Mr. Archer stated that while open justice is favored, courts typically evaluate and approve an application if a “credible” threat exists. The office of Lady Chief Justice Dame Siobhan Keegan asserted that open justice constitutes a fundamental tenet of the judicial framework, and any deviation must be both warranted and commensurate. A spokesperson said: “The media may make representations to the court when it is considering making such an order or may challenge such decisions judicially.”While it is acknowledged that the numbers of such orders are higher within certain court locations these are judicial decisions, and it would be inappropriate for this office to speculate as to the basis for them.”