A CONVICTED rapist embroiled in a dispute with the Ministry of Justice has lost a fight to keep his name out of media reports.
Judges yesterday ruled that Stephen Fagan, who is in his late 40s and comes from Airdrie, North Lanarkshire, could be named.
Fagan was given a 14-year jail term by a judge in Newcastle upon Tyne in 2006 after being convicted of committing two rapes and of administering a drug with intent to commit a crime.
The dispute over the publication of his name developed this year after he began publicly-funded legal action in a bid to win the right to live in Scotland after his release from prison on licence.
Fagan, who wants to resettle in Airdrie, said members of his family might become a "target of hostility" if his return was reported.
In June a High Court judge ruled he could be named, but imposed a reporting ban until the case was analysed by the Court of Appeal.
Three appeal judges then ruled Fagan could be named after a hearing in London and lifted the ban. High Court judge Mr Justice Irwin had analysed the anonymity issue in May and given his judgment in a written ruling in June.
He said Hugh Southey, QC, for Fagan, suggested anonymity was necessary "to prevent the risk of violence". Mr Southey had accepted Fagan's dispute with the Ministry of Justice over where he should be allowed to resettle raised a "legitimate public interest".
But he said the case could be properly addressed if anonymised and argued there was no general public interest in knowing where ex-offenders were settled.
Victoria Jolliffe, who represented a number of media organisations opposed to anonymity, said it was inevitable the family life of serious offenders would be affected by crime and its consequences. She said the placement of sex offenders while on licence was a legitimate subject of debate and the public had a substantial interest in understanding any decision.
Mr Justice Irwin said there was undoubtedly a legitimate public interest in Fagan's dispute with the Ministry of Justice and in the issue of resettlement of offenders.
He questioned whether debate could be properly conducted if Fagan's name was not reported.
He added: "It is likely any such debate, even reported in general and anonymised terms, would give rise to immediate and accurate speculation in Airdrie that the case concerned was this case."
The Court of Appeal refused to overturn his decision. Judges said they would give reasons later.
Mr Justice Irwin said Fagan had been released on licence from an English jail in September 2012.
He said Fagan wanted to be allowed to resettle in Scotland under the supervision of Scottish probation officers, and that Fagan had started legal action against the Ministry of Justice with the aim of securing such a transfer.
Fagan's lawyers then applied for an order preventing his name from being publicised in reports of that judicial review claim.
A judge has yet to hear argument on Fagan's dispute with the Ministry of Justice. The Court of Appeal yesterday heard the claim might not now proceed as, since launching the action, Fagan had been recalled to prison. It was not stated why this had happened.
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