A CIRCUIT COURT judge has ruled that the trial of Tuam town commissioner Paul O’Grady, who is accused of sexual abuse, should be transferred to Dublin due to the amount of pre-trial publicity his case has attracted in both local and national media.
Mr O’Grady (62), Dublin Road, Tuam, Co Galway, an auctioneer and former president of the Vintners’ Federation, faces seven counts of indecently assaulting a male between 1974 and 1976.
At Galway Circuit Criminal Court yesterday, Conal McCarthy made an application to have the trial transferred to Dublin Circuit Criminal Court under section 32 of the Court Officers Act 1995. He said the case was listed for trial last November but was adjourned to yesterday for hearing.
However, his client received a “significant” amount of publicity following the November court date in print and broadcast media, both locally and nationally, and had been publicly identified.
Local radio station Galway Bay FM had named his client and one national newspaper had published his photograph on November 23rd, which was “highly prejudicial”. The accompanying article had referred to Fine Gael being “highly embarrassed” by the charges, the barrister added.
Reading the clipping, which was handed into court with other clippings, Judge Raymond Groarke said the article stated the matter “will be a major embarrassment to the Fine Gael party” and did not say the party was embarrassed. Mr McCarthy insisted the article was highly prejudicial to his client. The State opposed the application.
Mr McCarthy said it was a subjective issue and had to be decided with regard to individual cases. He contended that the position which Mr O’Grady held within the county as a well-known town commissioner, politician and auctioneer, meant his case had been well reported in the area. “Even today there are photographers outside taking my client’s picture and if his trial is not moved from this Circuit Court, it will be ‘manifestly unjust’,” Mr McCarthy said.
Judge Groarke said he did not understand the meaning of “manifestly unjust” in the context in which it was used in this section of the Act. Judge Groarke said there were many cases in which the media attended courts by way of public service and it was not uncommon that the environs of Galway Courthouse be subjected to a “deluge” of media attention – and justly so. That did not constitute a reason for moving the trial to Dublin.
He said the article in a national newspaper in November with a photograph of Mr O’Grady had referred to a political party and had associated him with that party. That had put this into a political context. “The article . . . was not a report of a court case and had taken the matter ‘out of the ordinary’,” Judge Groarke added.
He had to consider that if Mr O’Grady was convicted by a jury, could it be said that justice was seen to be done? He would have a considerable doubt and therefore, there would be a real risk of an injustice in holding the trial in Galway.