THE IRISH Daily Starnewspaper has undertaken before the High Court not to further name a 14-year-old boy wounded during Monday's gangland killing of two brothers in Clondalkin, Dublin.
The paper had named the child in one edition but had taken an editorial decision not to name him again, the court heard.
On Wednesday, the boy’s mother obtained an injunction prohibiting Independent Star Ltd publishing photos of her son or any information or photographs identifying him or their home.
The child is under armed guard in hospital arising out of his injuries sustained during the shooting of Kenneth Corbally (32) and his brother Paul (35) in their car on the Neilstown Road.
The court heard on Wednesday there was a “clear and real danger” to the boy’s life following the shooting and there were media reports suggesting any one who spoke about the incident would be in danger.
Yesterday, Shane English for the Star,said it was prepared to give an undertaking not to identify the child.
Mr English said the paper had taken an editorial decision, before the injunction was sought on Wednesday, not to use the boy’s name again. It had been used in circumstances where the shooting took place arou nd8pm on Monday night and the paper was published at about 10pm, he said.
On Tuesday, the paper took an editorial decision not to use the name again, counsel said.
Counsel said his client had received no request from the mother’s lawyers asking it not to use the name and was unaware of the injunction proceedings until after the order was granted on Wednesday evening. “There would have been no problem contacting the editor or the paper whose phones are manned practically 24 hours a day or a fax could have been sent,” Mr English said.
He was also concerned the undertaking being sought in relation to naming the child related to something his client was “no longer doing” and could be construed as being overly restrictive.
Mr English said he was “not making any concessions” in relation to the substantive case put forward by the mother but the paper was prepared to give the undertaking sought.
Declan Doyle SC, for the mother, said while he appreciated what counsel for the Star had said, there was the problem that the story was being developed over days. Although the boy’s name was not used, there was an article in the paper on Wednesday about the “teen witness”, counsel said.
It was still being stated in articles the boy was from a certain housing estate and it was in this context the injunction had been sought, counsel said. Their side had been forced by time constraints to seek the injunction.
Ms Justice Mary Laffoy said, while she had seen the paper had not used the boy’s name on Wednesday, having regard to the seriousness of the matter, she made the order that evening granting the interim injunction.
This case was about “the right to life of a child” and this was why she took a serious view of it, she said.
After the undertaking was given yesterday, Mr Doyle applied for the costs of the injunction but Mr English opposed that. The judge made no order on costs, meaning both sides pay their own legal bills.