The Director of Public Prosecutions has been given leave by the High Court to bring contempt of court proceedings against the Evening Herald over its coverage of an alleged assault near Dublin's Grafton Street in April, 2003.
Mr Paul McDermott, counsel for the DPP, told Ms Justice Mary Finlay Geoghegan yesterday that in March 2004, two men, Mr Stephen Nugent, (22) from Swords, Co Dublin, and Mr Dermot Cooper (27), from Stillorgan, Dublin, had been charged with causing serious harm to Sligo man, Mr Brian Duggan.
Shortly after the charges had been brought the Evening Herald had carried two articles which had been accompanied by still photographs from closed circuit television footage which the newspaper had obtained.
Mr McDermott said the Director of Public Prosecutions was concerned that the articles, together with the pictures, could affect the administration of justice.
If the court was satisfied that the DPP had a stateable case, and that the application was not a frivolous one, it could grant leave to issue proceedings, and the legal question as to whether there was a contempt or not could be determined by another judge.
Judge Finlay Geoghegan said she was satisfied the application met the necessary criteria outlined to the court for making an order granting leave to the DPP to bring contempt proceedings.
She put the matter in for mention on Monday, October 11th.
