‘Anglo Tapes’ contempt case to be heard in December

The hearing of a High Court contempt application against Independent Newspapers over its coverage of the Anglo Tapes is to take place next December in Cork.

The DPP sought an injunction against the paper in connection with coverage of the story over three days in the paper and on independent.ie.

The Irish Independent denies it is in contempt of court and says its is contesting the DPP’s injunction application.

Last Monday, the case was adjourned until today after it was agreed between the parties that certain portions of some of the tapes would be removed from independent.ie.

The Independent had agreed to do so without prejudice to its position in the case.

Today, Paul O'Higgins SC, for the DPP, said it was a matter in which his client was seeking a hearing next October but there may be some progress made if he could talk first to Shane English BL, for the Independent.

The matter was adjourned and when it returned before High Court president Mr Justice Nicholas Kearns, the judge was told a hearing date in October would suit the parties as it could take more than a day to hear.

Mr O’Higgins said it could not realistically go on next week as one of the Independent’s witnesses is still out of the jurisdiction.

Mr English said his side were happy to take a date in October and meet any issues Mr O’Higgins may have in relation to the publication.

However, the court then heard there were no dates available for a hearing in October in Dublin and the earliest dates would be in November/December — and that was only in Cork where sittings were due to take place for two weeks from November 24th.

Counsel for both sides agreed to take the December 1 hearing date in Cork. Mr English also said he may seek liberty to serve a replying affidavit to one filed on behalf of the DPP as the matter was now going back to December.

The judge agreed and said it should be filed by the end of September. In its injunction application, the DPP claims publication of further material is calculated to interfere with the criminal trial process in relation to events at the former Anglo Irish Bank.

The DPP also sought an order directing the committal to prison of Irish Independent editor Claire Grady and editor-in-chief Stephen Rae, and/or the sequestration of the company's assets, for contempt of court in relation to certain material published under the heading "Anglo: The new tapes revealed".

The extracts have been removed without prejudice to the Independent’s position in relation to the case being taken by the DPP.