Is this what this is, though? I'm not sure; these witnesses are
not anonymous as their names are provided to the court. We know that to be the case as LL started crying when he stated his name.
In addition, I cannot see how the criteria required for an anonymity order to be made are fulfilled in this case. Those being;
- Condition A: the proposed order is necessary-
- in order to protect the safety of the witness or another person or to prevent any serious damage to property, or
- in order to prevent real harm to the public interest (whether affecting the carrying on of any activities in the public interest or the safety of a person involved in carrying on such activities, or otherwise).
- Condition B: having regard to all the circumstances, the effect of the proposed order would be consistent with the defendant receiving a fair trial.
- Condition C: the importance of the witness's testimony is such that in the interests of justice the witness ought to testify and-
- the witness would not testify if the proposed order were not made, or
- there would be real harm to the public interest if the witness were to testify without the proposed order being made.
I don't believe that any of the witnesses for whom their names cannot be published meet this criteria. There is virtually no chance that they are under any threat to their safety and in the absence of that then what danger is there of them being named in the press which represent "real harm to the public interest"? As I said, if that were the case then they wouldn't be names at all.
This is some sort of reporting restriction, imo, rather than a witness protection order under that section.
I think it's likely to be related to identification of victims in some estric way or, perhaps, in order not to prejudice any further related legal cases as I think we can be sure that there are a raft of cases which will be heard after the conclusion of this one. We already know that the parents are lawyered-up for civil cases and I think there is a likelihood of possible further criminal cases given what has gone on at this hospital.