A High Court judge decided yesterday that the publication by some media organisations of material concerning a road accident in Dublin two weeks ago which claimed the lives of a taxi-driver and a youth was not punishable as a contempt of court if it was published before two youths were charged in relation to the fatal incident.
He adjourned proceedings against the media organisations to next Tuesday. The Director of Public Prosecutions has brought proceedings against a number of newspapers and RTÉ over reports relating to the road accident.
The organisations are being asked to explain why their assets should not be seized and why senior executives should not be jailed for contempt of court.
The proceedings are against Independent Newspapers Ltd and its managing editor, Mr Michael Roche, over articles in the Evening Herald and Irish Independent newspapers of January 13th; Sunday Newspapers Ltd and Sunday World editor, Mr Colm McGinty, over articles published on January 12th; and Independent Star Ltd and the Irish Daily Star editor, Mr Gerard Colleran, over articles on January 13th.
The DPP's proceedings are also against RTÉ and Ms Alice O'Sullivan, producer of RTÉ's Gerry Ryan Show, over an interview between Mr Ryan and RTÉ crime correspondent, Paul Reynolds, which was also broadcast on January 13th.
While the proceedings were before Mr Justice Kelly yesterday, the judge said it seemed that as an issue had arisen in the course of the conduct, in effect, of a criminal trial, then it was appropriate for him to give his conclusion on that preliminary issue. If the material about which the DPP complained was published prior to the time of the charging of the two youths - which was 10.30 a.m. on January 13th - it was not punishable as a contempt of court, the judge ruled.
He added that the future conduct of the proceedings next Tuesday depended on the decision he had given and he would give a detailed judgment on his conclusions at a later date.
Mr Shane Murphy SC, for Independent Newspapers and Mr Roche, applied to be dismissed from the proceedings. He said there was nothing in the DPP's case which would support the prosecution of his clients as the Irish Independent edition in which the article complained of was featured had been printed and published on the night of January 12th with distribution taking place in the early hours of January 13th.
Counsel added that the Evening Herald edition in question was being distributed around 10 a.m. on January 13th. When they became aware of the District Court proceedings involving the two youths, steps were taken to change subsequent editions. In relation to Mr Roche, he was not the editor of either newspaper and was not responsible for the day-to-day content of the papers.
Mr Feichin McDonagh SC, for the DPP, said the application by Independent Newspapers was unsustainable. The Evening Herald in a front-page article had identified the two youths as being on bail on other charges in the Children's Court and had also published photographs of the youths and in one case gave an address.
Quite clearly, the newspaper gave information in relation to an in-camera hearing in the Children's Court. In relation to the Irish Independent, it had referred to teenagers A and B, and this was against a background of other publications relating to the youths. There was reference to previous convictions, and in one case the street address was given of the teenager.
That newspaper also gave details of matters before the Children's Court which were in camera. There was no evidence of any attempt to withdraw the newspapers from sale after 10.30 a.m. when the youths had been charged.