Judge bans publication of a ‘sensational’ court hearing relating to murdered tot Ellie Butler and killer dad as it would ‘make front page news’
Court ruling 'should be kept secret' in case reporting prejudices any re-trial if convicted beast dad appeals his life sentence
A JUDGE'S ruling relating to the murder of six-year-old Ellie Butler will make “front page news” if published – another judge has forecast.
Last month, following a trial at the Old Bailey, Ben Butler was convicted of murdering Ellie and given a 23-year jail term.
The tot’s mum, Jennie Gray, was given a 42-month term after being found guilty of child cruelty - and trying to cover up the appalling crime.
A ruling was made by Justice Eleanor King following a behind-closed-doors hearing in the Family Division of High Court in the summer of 2014 – after Ellie had died but before dad Butler had been convicted of murder.
But another family court judge has decided that King’s ruling shouldn’t be published in case reporting prejudices any re-trial if Butler appeals his sentence.
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Justice Pauffley rejected an application last month from several media publications, who argue that revealing the ruling would be in the “public interest” in wake of Butler’s conviction.
The judge said she was “fully aware” of the level of public interest in the case and said the arguments in favour of King’s ruling being published were “powerful and strong”.
But she said publication was likely to generate “very extensive” reporting and so it should remain secret in case of “any potential for re-trial”.
A number of family court judges - including two High Court judges who are based in the Family Division of the High Court in London - had overseen private hearings about Ellie.
The little girl had been placed in the care of her grandparents after Butler was accused of shaking her when she was a baby.
But she was returned to the care of Butler - and her mother - following a ruling by Mrs Justice Hogg in 2012.
King then analysed issues in 2014 following Ellie's death.
Social services bosses at the London Borough of Sutton, who had responsibility for Ellie's welfare, had asked King to make "findings of fact" to help staff take decisions about the future of a younger sibling.
King, who is now a Court of Appeal judge, concluded that, on the balance of probabilities, Butler had been "responsible for Ellie's death".
But her full ruling has not been revealed.
"All the signs are that the criminal processes involving Ben Butler are not yet over," Pauffley said.
"As is reported on the BBC website, after the guilty verdict, Mr Butler shouted out, 'I'll fight for the rest of my life. Unbelievable' before adding, 'I want to be sentenced now so I can fight in the appeal court'."
Pauffley added: "The reporting of Mrs Justice King's judgement, were I to give permission to release it to the media, is likely to be very extensive indeed. It will be, if I am able to forecast anything, front page news."