A high-profile trial of a lady accused of illegally aborting her child collapsed resulting from “appalling and sloppy” reporting by the BBC, a choose has mentioned.

Sophie Harvey, 25, beforehand stood trial accused of procuring her personal miscarriage when she was 19.

Prosecutors alleged she took the treatment after studying she was at 28 weeks and 5 days gestation – which means she couldn’t get a authorized abortion in England as she was past the 24-week cut-off.

Harvey and her boyfriend Elliot Benham, 25, all the time accepted that they had bought abortion capsules on-line.

However Harvey insisted she had by no means taken them and as an alternative gave delivery to a stillborn little one within the lavatory of her residence in Cirencester, Gloucestershire, in September 2018.

The couple stood trial at Gloucester Crown Courtroom in Might of this yr however the jury was discharged by a choose following an utility by their legal professionals who cited inaccurate stories of the proceedings by the company.

Throughout a listening to held within the absence of the jury, the courtroom heard the opening headlines of the BBC Factors West version of Thursday Might 16 had proven archive footage of a property in Cirencester with a tent and scenes of crime officers working and said: “The stays have been discovered within the backyard.”

Later, within the report of that day’s trial proceedings through which Harvey had given proof, a journalist mentioned in a bit to digicam she had taken the capsule.

Tom Godfrey, representing Harvey, utilized for the jury to be discharged as a result of reporting, saying it could go to the difficulty of his consumer’s credibility as she maintained she didn’t take the abortion capsule.

“The prosecution preserve she is mendacity. It’s that problem which the jury must resolve – whether or not she is a liar and isn’t being sincere,” he mentioned.

Referring to the BBC’s opening remarks, he mentioned: “That may be a wholly false assertion. It’s wholly unfaithful by somebody on the BBC.
“It’s a horrible error.

“It’s not disputed by the Crown… Miss Harvey’s case is that following the stillbirth she disposed of the child within the bin. There isn’t any suggestion of what occurred to that child is unfaithful. The Crown’s case is that she has been untruthful about taking the capsules – not what occurred afterwards.

“This was the BBC. This was not a Fb publish or a Snapchat and never considered by a few individuals. This can be a headline piece going out on the BBC at 6.30pm – the opening headline to the information.

“It’s, I’m afraid, unforgiveable that such an egregious error was made. If any members of the jury noticed the information or have been requested about it could query her integrity as a result of what they heard on the information is totally opposite to what Sophie Harvey advised all of them that day, it follows they are going to query what they haven’t been advised in regards to the footage of the search and the tent.

“All of that has the potential to prejudice the jury towards Sophie Harvey. The priority is that Sophie Harvey was mendacity as a result of she advised us she had put the child within the bin, however we now have heard on the information that she didn’t. It’s denting the credibility of Sophie Harvey.”

Anna Vigars KC, representing the Crown, opposed the applying and mentioned the errors might be corrected to the jury by a “strong path”.

In rising to think about the applying, Decide Ian Lawrie KC, the Recorder of Gloucester, mentioned it was “not interesting” to focus on the errors to the jury in a judicial path.

“I wish to give it some thought and, no matter I resolve, it was appalling and sloppy reporting from the BBC.”

Agreeing with the applying to dismiss the jury, the choose mentioned: “The BBC reporting was not simply an error – it was deceptive and false – and subsequently the defendants’ credibility is at problem.

“The extra I say, the extra it highlights the difficulty. No matter I say in setting out the false image, it opens it up as a difficulty, which I don’t suppose may be resolved with a strong path.

“I’ve no choice however to discharge this jury which I do with a heavy coronary heart.”

Afterwards the BBC apologised in courtroom for the errors, which was accepted by the choose.

A brand new trial was mounted for February 2025 however in a listening to final week, Harvey and Benham pleaded responsible to a brand new offence of conspiracy to obtain a poison with intent to obtain a miscarriage.

Harvey, of St Mary’s Highway, Cirencester, Gloucestershire, and Benham, of Wingfield, Swindon, Wiltshire, had beforehand admitted a cost of concealing the delivery of a kid.

Different offences, which that they had denied, together with procuring a poison, procuring a miscarriage by poison and perverting the course of justice, have been ordered to lie on file.

Decide Lawrie imposed 18-month group orders on the pair.

As well as, Harvey was given a psychological well being remedy requirement whereas Benham was advised to finish 150 hours of unpaid work. Each have been advised to pay a £114 surcharge.

A BBC spokeswoman mentioned: “The BBC apologised to the courtroom for the unintentional errors in a few of our reporting of the trial in Might 2024.

“Our apology was accepted by the choose listening to the case.”