THE editor of the Examiners newspaper has been asked to appear before a judge at the Central Criminal Court today to explain why the paper published a certain photograph of a man charged with murder.
Mr Justice Flood said he was requesting the editor's appearance to explain why yesterday's Examiner featured a photograph of Mr Anthony Broderick with a caption stating Anthony Broderick, 22, (right) on his way into court in Limerick yesterday.
The judge told the jury yesterday that Mr Broderick was not in Limerick on Wednesday as he had not left Dublin.
The judge said he also wanted to ask the editor of the Examiner why he had chosen to ignore remarks made by the judge on Wednesday about a photograph which appeared in that day's Irish Times.
In his comments on Wednesday, the judge said The Irish Times photograph featured the defendant on his way into court in handcuffs and a chain and he instructed the jury to ignore it. He said the photograph was unfortunate and should and must not influence the jury's decision.
He told the jury that the fact a person appeared in a criminal court had "no significance whatsoever in relation to his guilt or innocence" which was for the jury to decide.
He said the media had a special position in the courts and acted as the eyes and ears of the public.
The judge said he invited journalists and editors "to endeavour not to denigrate the dignity of any individual who is appearing before a court during the course of their trial".
Yesterday was the fourth day of Mr Anthony Broderick's trial at the Central Criminal Court in Dublin. Mr Broderick (22), of O'Malley Park, Limerick, has denied the murder of Mr James Doyle (49), also of O'Malley Park, on September 3rd, 1995.
In a formal admission to the court, Mr Broderick has accepted that on September 3rd, 1995, two people wearing balaclavas and each carrying a shotgun approached the house in O'Malley Park where Mr Doyle was staying. One or other of these two had fired a shot through the hall door and kicked the door in. The shot hit Mr James Doyle and he died soon after.
Mr Justice Flood told the jury the admission did not carry any suggestion that the defendant was the cause of, or was involved in, the events mentioned.
The trial was due to resume at 11 a.m. yesterday but the jurors were sent out while legal discussion took place in their absence.
The judge called the jury in at 11.45 a.m. He told them that despite what he had said on Wednesday, yesterday's edition of the Examiner featured a photograph of the accused allegedly on his way into court in Limerick.
The judge said he was advised and he accepted, and the prosecution accepted, that Mr Broderick was not in court in Limerick that day.
Mr Justice Flood also said that a juror who had become unwell on Wednesday afternoon remained unwell and he required a medical certificate before he might formally discharge the juror in question and proceed with 11 jurors.
He said there was also a series of technical legal matters to be determined regarding the admissibility of certain evidence.
In those circumstances, the judge said he was sending the jury away until Monday afternoon. Legal discussion continued in their absence yesterday. The case resumes today.