A MATTER in which the editor of The Irish Times and a reporter are appealing a Circuit Court finding of contempt of court and a £5,000 fine following the publication of an article in May 1993 is to be heard by the Supreme Court on December 5th.
The appeal is being taken by Mr Paul O'Neill, a reporter, and Mr Conor Brady, editor of The Irish Times, against the finding of contempt of court and the penalty.
The contempt of court case had been brought by Eamon Kelly who was convicted on May 15th, 1993, of possession of £500,000 worth of cocaine for supply, and unlawful possession of the cocaine.
Judge Cyril Kelly had remanded Kelly in custody for sentence on May 27th, when he was jailed for 14 years. The article complained of was written by Mr O'Neill and published on May 17th, 1993, in The Irish Times. Judge Kelly had found that The Irish Times was in contempt of court and imposed the fine.
Mr O'Neill and Mr Brady took an appeal to the High Court in November 1993. Mr Justice Morris said he understood the two appellants regarded the case as a matter of major importance.
Counsel for the two appellants, Mr Peter Kelly SC, now a judge, said that having regard to the issues in the case and the general principles they would take the case to the Supreme Court.
He said there were two points. The first question was that, given a previous Supreme Court decision in a case concerning Ma gill magazine, was there any such thing as contempt of court where the only person who could be affected was the trial judge who was considering the sentence.
The second point was, that given the constitutional right to freedom of speech and freedom of expression, did any room remain for the offence of contempt of court in this case?
Mr Justice Morris said this was the framework of the case to be stated before the Supreme Court.