Two national newspaper editors, a managing editor and an RTÉ producer have been directed to appear before the High Court on Monday to explain why they should not be jailed over alleged contempt of court in their coverage of a road accident in Dublin in which a taxi-driver and a youth died.
The Director of Public Prosecutions has brought the proceedings against the media organisations. In addition to seeking orders for attachment against the media personnel, the DPP is also seeking orders for the seizure of their assets and an injunction restraining further interference with the prosecution of two youths on charges related to the accident, which occurred in inner-city Dublin in the early hours of January 12th.
All the proceedings relate to articles and radio interviews concerning the road accident and the subsequent arrest and charging of two youths in connection with it. The DPP claims the articles breach the sub judice rule and amount to contempt of court. He said the youths charged are both 16 years old and are children within the meaning of the Children Act 2001. He said some of the articles named the youths charged and also used photographs of them, which was an interference with the integrity of the trial process.
The accident involved two vehicles - a taxi driven by Mr Robert McGowan (30), a father of one, of Drimnagh, Dublin, and another car containing three youths. Mr McGowan died at the scene. A 16-year-old youth, Edward Gavin, who was in the other car, died in hospital later as a result of injuries sustained in the accident, which occurred at the Summerhill junction of Portland Road and North Circular Road, Dublin.
The contempt proceedings are against Independent Newspapers Ireland Limited and Michael Roche, managing editor with the group, over articles in the Evening Herald and Irish Independent of January 13th last related to the road accident.
The other respondents are Sunday Newspapers Limited and Sunday World editor Colm McGinty over articles in that newspaper of January 12th and the Independent Star Limited trading as the Irish Daily Star and its editor Gerard Colleran over articles published on January 13th. The DPP is also proceeding against Ms Alice O'Sullivan, producer of the Gerry Ryan show broadcast on 2FM radio, and RTÉ, over an interview between Mr Ryan and RTÉ crime correspondent Paul Reynolds broadcast on January 13th.
Yesterday, Mr Feichin McDonagh SC, for the DPP, asked the President of the High Court, Mr Justice Finnegan, for leave to bring the proceedings on Monday next. He said the DPP was seeking the attachment of various newspaper editors and an RTÉ producer for "serious contempt" about an event which had occurred in Dublin city last weekend. The DPP was also seeking sequestration of assets.
Counsel said the DPP was concerned there would be continuing coverage and wanted this to be permissible coverage and material which was not in contempt of court. The DPP's concern was about the administration of justice.
Mr McDonagh said it was an offence to disclose the names of children who have been charged.
The judge read an affidavit by Mr Michael Brady, principal prosecution solicitor of the Chief Prosecution Solicitor, which outlined details of the various articles. Mr Brady said that two 16-year-old youths were charged before the Children's Court on January 13th in connection with the road accident. He said the Evening Herald article complained of was published that same day on the front page of the newspaper and featured photographs of both youths and named them. The article also suggested the two children were guilty, Mr Brady added.
Mr Brady said he believed an Irish Independent article of January 13th was "clearly calculated" to interfere with the course of justice and was published when the two children had been charged.
Granting leave, Mr Justice Finnegan said the names of the children should not be repeated and nothing should be published which would "add further to the difficulties". He gave liberty to counsel to issue a notice of motion returnable for Monday.
