Flood can allow video-link-High Court

If Mr Justice Flood wishes to allow a video-link between the press and the taking of evidence from Mr Murphy snr he has the authority…

If Mr Justice Flood wishes to allow a video-link between the press and the taking of evidence from Mr Murphy snr he has the authority to do so, according to the President of the High Court.

Mr Justice Morris was clarifying his judicial review of an earlier ruling by Mr Justice Flood, chairman and sole member of the tribunal, that the media could not be present at the taking of Mr Murphy's evidence.

In his review, given on Tuesday, Mr Justice Morris found that the public, including the press, had no entitlement to be present at the taking of evidence "on commission".

However, he also pointed out that Mr Justice Flood had described the proceedings in Guernsey as "a public sitting of the tribunal" and had said that under normal circumstances he would be happy to accommodate the press.

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Therefore, he ruled, Mr Justice Flood was restricted by the terms of the Tribunals Act and did not have authority to exclude the press.

After hearing further evidence in Guernsey on Tuesday on the medical condition of Mr Murphy snr, Mr Justice Flood said he intended to appoint a commission for the purpose of the taking of evidence from Mr Murphy snr.

He would sit as that commission.

In the High Court yesterday Mr Richard Nesbitt SC, for The Irish Times and the Examiner, said there "appeared to be a view abroad in Guernsey" that what he had said in his judgment meant that, even if the sole member and the parties before him consented to limited broadcasting of the proceedings, this was precluded because of the President's judgment.

He said he was seeking clarification of Mr Justice Morris's ruling.

Counsel for RTE and Independent Newspapers said they were associated with the application.

Mr John Gallagher SC, for the tribunal, said it was not appropriate that the court be asked to interpret its own order.

The sole member would hold the evidence "in escrow" until it was presented to the tribunal.

Mr Justice Morris said he had considerable reservations as to whether he should entertain the application.

It related to a problem which was envisaged in the future.