The Director of Public Prosecutions yesterday brought proceedings in the High Court against a number of newspapers and RTÉ over reports on a road crash in Dublin earlier this month in which a taxi driver and a youth died.
The media organisations involved are being asked to explain why their assets should not be seized and senior executives must show cause why they should not be jailed for contempt of court over their coverage of the incident.
The DPP also applied for an injunction restraining further interference with the prosecution of the two youths.
The proceedings, which are being heard by Mr Justice Kelly, are against Independent Newspapers Ltd and its managing editor, Mr Michael Roche, over articles in the Evening Herald and Irish Independent of January 13th; Sunday Newspapers Ltd and Sunday World editor Mr Colm McGinty over an article published on January 12th; and Independent Star Ltd and Irish Daily Star editor Mr Gerard Colleran over articles on January 13th.
The DPP has also brought proceedings 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 broadcast on January 13th. Mr Justice Kelly rejected applications on behalf of the newspapers and its executives for an adjournment of the hearing. The newspapers claimed the proceedings raised issues of considerable importance and they believed they were entitled to a hearing before a judge and jury. They would require more time to properly prepare their arguments. RTÉ lawyers said they were willing to have the hearing go ahead.
Mr Feichin McDonagh SC, for the DPP, said the application for an adjournment should be rejected. It was not necessary for the DPP to establish that there was a specific intention on the part of the media involved to interfere with the administration of justice.
Mr McDonagh said the DPP submitted the matters published could be gravely prejudicial to the trials of two youths. Some newspapers published the names, previous convictions and others published photographs and information concerning the youths together with their past character, all of which the DPP believed to be gravely prejudicial.
The newspapers asserted they could not be in contempt as they had "gone to press" prior to the two youths being charged. The question was whether publication of the material amounted to contempt of court. RTÉ's situation was somewhat different because its attitude contained an element of regret in that it accepted that on the Gerry Ryan Show information was given that ought not to have been.
Mr Michael Roche, in an affidavit for Independent Newspapers, said the first edition of the Evening Herald went to print at 9.50 a.m. each day. It was already published by the time the District Court hearing involving the two youths took place. As soon as the newspaper became aware the two youths had appeared in court, steps were taken to change subsequent editions.
Mr Roche said the Irish Independent printing and distribution took place in the early hours of Monday, January 13th - before the two youths appeared in court. He believed none of the articles in either paper amounted to an interference with the integrity of the trial process and there was no intention to do so.
Mr Colm McGinty, editor of the Sunday World, in an affidavit, said the identities of all those involved in the accident were widely known on January 11th. The article was part of a "deliberate campaign by the Sunday World to draw attention to what has become known as the 'revolving door' correctional system for young offenders". No charges had been laid at the time of publication. Mr Gerard Colleran, editor of the Irish Daily Star, in an affidavit, said the newspaper went to press at about 11.25 p.m. on January 12th. At that time neither youth had been charged. He believed he was acting in a proper manner within the law and believed the matters dealt with in the article were of considerable public importance.
Ms Alice O'Sullivan, RTÉ producer said, in an affidavit, that the broadcast of material complained of was not the result of a deliberate calculation to interfere with the course of justice. It was the result of misjudgment and momentary inadvertence and the station expressed sincere regret.
The hearing continues today.