On 6 February 2015, it was announced that Judge Richard Marks is to be replaced by Judge Charles Wide at the retrial. Two days earlier, Marks had emailed counsel for the defendants telling them: "It has been decided (not by me but by my elders and betters) that I am not going to be doing the retrial". Reporting the decision in UK newspaper The Guardian, Lisa O’Carroll wrote: "Wide is the only judge so far to have presided in a case which has seen a conviction of a journalist in relation to allegations of unlawful payments to public officials for stories. The journalist, who cannot be named for legal reasons, is appealing the verdict". Defence counsel for the four journalists threatened to take the decision to judicial review, with the barrister representing Pharo, Nigel Rumfitt QC, saying: "The way this has come about gives rise to the impression that something has been going on behind the scenes which should not have been going on behind the scenes and which should have been dealt with transparently". He added that the defendants were "extremely concerned" and "entitled" to know why Marks was being replaced by Wide.
What did the lawyers for the defendants threaten to do?
take the decision to judicial review