The Herald

‘Secret’ ruling in Ellie case reversed

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A FAMILY court judge’s behind-closed-doors ruling which relates to the murder of six-year-old Ellie Butler should be made public, the Court of Appeal has decided.

The ruling was made by Mrs Justice Eleanor King following a behind-closeddoor­s hearing in the Family Division of the High Court in the summer of 2014 – after Ellie had died, but before her father Ben had been convicted of her murder.

Another family court judge had decided Mrs Justice King’s ruling should not be published in case reporting prejudices any re-trial.

Mrs Justice Pauffley, who is also based in the Family Division of the High Court, last month rejected an applicatio­n from several media organisati­ons who argued publicatio­n of Mrs Justice King’s ruling would be in the public interest in the wake of Butler’s conviction.

But appeal judges have now overruled Mrs Justice Pauffley and said Mrs Justice King’s ruling should be published.

Appeal judges said lawyers should check to ensure any material which identifies Ellie’s younger sibling is taken out of Mrs Justice King’s ruling before publicatio­n. They indicated the redaction process will take some days.

Following a trial at the Old Bailey, Ben Butler was convicted in June of murdering Ellie in the family’s Sutton home in 2013 and given a minimum 23-year jail term. Ellie’s mother, Jennie Gray, was given a 42-month prison term after being found guilty of child cruelty and admitting perverting the course of justice.

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