The High Court has refused an application by the Director of Public Prosecutions for a finding that articles published in the Evening Herald last year following the murder of a woman were contempt of court.
In proceedings against Independent Newspapers (Ireland) Ltd, the DPP sought an application for an order directing the attachment and committal and/or sequestration of assets of the respondents for contempt of court in respect of the articles.
The articles were published subsequent to a young man being charged with the murder and his remand in custody.
It was argued on behalf of the DPP that the articles taken together clearly contained a belief as to the guilt of the man charged with the murder.
It was submitted that the underlying message of the articles was that the man was responsible for the woman's death and accordingly, there was contempt of court.
Counsel for the newspaper opposed the application and argued that it should be dismissed.
It was submitted that it was essential there must be proof of a real risk of interference with a criminal trial.
In this particular case, it was argued, there was no evidence as to whether there was to be a trial. There was no evidence the publications caused any real risk of interference with a trial. In reply, it was submitted on behalf of the DPP that the fact a trial date had not been fixed at the time of hearing was not of itself a bar to proceeding with the matter.
In her reserved judgment, Ms Justice Elizabeth Dunne said that the issue was not so clear cut as to give rise to a real risk, as opposed to a remote possibility, of prejudice.
She ruled she would refuse the DPP's application.