The Special Criminal Court in Dublin has ruled that a man accused of plotting the 1998 Omagh bomb is entitled to bring contempt of court proceedings against the BBC and the Daily Mail.
Mr Colm Murphy has brought a notice for attachment, committal and sequestration against the BBC and Associated Newspapers for alleged contempt of court by the BBC's Panorama programme and a follow-up report in the Daily Mail.
Mr Tom O'Connell SC, for the Director of Public Prosecutions, had argued that Mr Murphy had no legal standing to bring contempt proceedings in the Special Criminal Court and that the only channel for doing so was through the DPP.
Mr Justice O'Donovan said that the section of the Offences Against the State Act setting up the court gave it the same jurisdiction and powers in relation to contempt of court as the High Court in "the same manner and in a like case".
Mr O'Connell had conceded that Mr Murphy was entitled to ventilate his case in the High Court, and it was the court's view that this was "a like case". The court therefore ruled that Mr Murphy had legal standing to bring his complaint before the Special Criminal Court.
The court will rule later on an application by Mr Kevin Feeney SC, for the BBC and Associated Newspapers, for the matter to be dealt with by the High Court. Mr Feeney submitted there were "compelling reasons" why the High Court was more suitable to hear the case.
He said there were procedures available to the High Court which were not available to the Special Criminal Court. He also submitted that the case should be dealt with by a jury trial which was not possible in the Special Criminal Court.
The trial of Mr Murphy, who was not in court for yesterday's hearing, is due to begin on October 9th. Mr Murphy (48) is charged with conspiring in Dundalk to cause an explosion in the State or elsewhere between August 13th and 16th, 1998. He is also charged with membership of an illegal organisation styling itself Oglaigh na hEireann on August 14th, 1998.
Twenty-nine people were killed and hundreds injured in the Omagh bomb on August 15th, 1998. The "Real IRA" later admitted responsibility. Mr Murphy has been remanded on continuing bail of £50,000.