Reporter has prison photos case dismissed
27/04/2004
The case against News of the World reporter David Martin McGee was dismissed today by District Judge Terry English after legal argument at Milton Keynes Magistrates’ Court. Mr McGee was accused of taking a camera into Woodhill Prison and taking the camera and pictures of Ian Huntley – later convicted of the Soham murders – out of prison.
Thames Valley Crown Prosecution Service’s reviewing lawyer in the case, Mr Cyril Foster said: “When I received the file from the Thames Valley Police, I considered the evidence and public interest factors very carefully and sought the advice of senior counsel before making a decision to prosecute.”
The court accepted a defence argument in relation to the construction of the prison rules, namely Rule 70, said Mr Foster. It was held by the District Judge that in order to breach this rule, the actions – such as taking a camera into and out of a prison – would have to be for the benefit of a prisoner.
Mr Foster said: “We are currently considering our position in relation to the District Judge’s ruling.”
Notes to Editors
- David Martin McGee was working undercover as a prison officer at Woodhill Prison, Buckinghamshire, when, in May 2003, he took into the prison a digital camera to take pictures in his cell of Ian Huntley, then on remand for the murders of Holly Wells and Jessica Chapman.
- Mr McGee was charged under Sec 41 of the Prisons Act, 1952. This offence is summary only and can only be heard at the magistrates’ court. The maximum sentence is a fine of £1,000.
- The prosecution and defence both presented their cases after which legal argument was considered by the District Judge.
- Media enquiries to CPS Press Office on 020 7710 7796 8180.
