Judge considering ‘strongest public interest’ in publishing Ellie Butler ruling details

Journalists want a High Court judge’s ruling relating to the killing of six-year-old Ellie Butler to be made public.

Ellie’s father Ben Butler was on Tuesday convicted of murder following a trial at the Old Bailey and given a minimum 23-year jail term.

Journalists now say a ruling made by Mrs Justice Eleanor King in June 2014 – following a private hearing in the Family Division of the High Court in London – should also be published.

Another High Court judge – Mrs Justice Pauffley – has been asked to decide whether all or parts of Mrs Justice King’s ruling can be revealed.

She is considering legal arguments surrounding publication at a public High Court hearing in London.

Social services bosses at the London Borough of Sutton, who had responsibility for Ellie’s welfare, had asked Mrs Justice King to make ”findings of fact” – to help staff take decisions about the future of a younger sibling – following Ellie’s death and Butler’s arrest.

Mrs Justice King concluded that, on the balance of probabilities, Butler had been ”responsible for Ellie’s death”. The judge said Ellie had suffered a skull fracture.

She explained: ”I am satisfied so that I am sure that Ellie died as a result of (her) father either hitting her on the back of the head with the leg of (a) child’s table, or swinging her with such violence that her head came so forcefully into contact with the table leg that the leg broke and she sustained the skull fracture from which she died.”

The judge said her decision could not be reported while criminal proceedings were ongoing – in case jurors were influenced.

Her full ruling remains under wraps.

Mrs Justice Pauffley is hearing arguments from lawyers representing a number of media organisations including the Guardian newspaper, Sutton Council and a guardian appointed to protect the younger siblings’ interests.

She told lawyers there was the “strongest public interest” in Mrs Justice King’s ruling being published – providing publication did not run the risk of de-railing criminal proceedings.

The judge said she was concerned that publication may affect any appeal Butler might launch.

Lawyers are expected to outline detailed arguments for and against publication on Wednesday afternoon.

Mrs Justice Pauffley told reporters she was sitting in public – although she said she might go into private session for parts of the hearing.

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