Four national newspapers were fined a total of €45,000 at the High Court yesterday for contempt of court in aspects of their coverage of a road accident in Dublin earlier this month which claimed the lives of a taxi-driver and a youth.
The contempt proceedings had been taken by the DPP over articles in the Irish Independent, Evening Herald, Sunday World and Irish Daily Star newspapers and in relation to an interview on RTÉ 2FM's Gerry Ryan Show.
The DPP complained the organisations had published material which could prejudice the trials of two youths who have since appeared in the District Court on charges related to the accident.
Last Friday, Mr Justice Kelly delivered a preliminary ruling that material published before the youths were charged at 10.30 a.m. on January 13th in connection with the road accident was not punishable as a contempt of court.
However, he ruled yesterday that material published which stated the two youths were, before the fatal accident, awaiting trial on other charges, did constitute contempt. Publication of their names and photographs by certain newspapers, and background information about them, also constituted contempt.
He imposed a fine of €20,000 on Sunday Newspapers Ltd, which publishes the Sunday World. Notwithstanding the regret expressed to the court on behalf of the newspaper, its report was the "most lurid and detailed", the judge remarked. He fined Independent Newspapers €15,000 - €10,000 for an article published in the Evening Herald and €5,000 for an article in the Irish Independent. A fine of €10,000 was imposed on the Irish Daily Star.
All the newspapers and RTÉ, which was also before the court, had expressed regret and apologised for the publications. Contempt proceedings against RTÉ were dismissed. Mr Justice Kelly said it seemed to him that RTÉ had not broadcast any material in relation to other charges pending in the District Court.
Independent Newspapers' managing editor, Mr Michael Roche, and RTÉ producer Ms Alice O'Sullivan were acquitted of contempt.
Mr Justice Kelly found the editor of the Irish Daily Star, Mr Gerard Colleran, and the editor of the Sunday World, Mr Colm McGinty, guilty of contempt but, given the fines imposed on their newspapers, said he would not impose any penalty.
In his decisions, the judge noted newspapers had published articles which clearly stated that the two arrested youths were awaiting trial on other charges made before the fatal crash and which were pending. Some newspapers had published photographs of the youths, given their addresses and given information in relation to in camera hearings in the Children's Court.
While the Irish Independent had not named either of the youths, he had to take into account, having regard to the amount of information it had published, that they were readily identifiable. He held that contempt had been made out in the newspaper's case.
In relation to the Sunday World, he said the body of its article contained information that the two youths were awaiting trial on a number of charges. It also named them and published photographs of them. It was beyond doubt that the newspaper was in contempt.
Mr Justice Kelly said the Irish Daily Star had clearly identified the youths by name and with photographs and it was beyond doubt that it also was in contempt.
Dealing with the Evening Herald, Mr Justice Kelly said by publishing names and addresses of the two youths and other material, the newspaper was guilty of contempt.
The DPP had submitted there had been no evidence that anything was done to try to withdraw the first edition of that newspaper of January 13th which contained information concerning the two youths which the judge described as a technical contempt.
Mr Shane Murphy SC, for Independent Newspapers, said his clients had invoked the court's displeasure. There had been no deliberate plan to interfere with the course of justice. Mr Eoin McCullough SC, for the Sunday World, said his client deeply regretted and apologised sincerely for what had taken place. Mr Kevin Feeney SC, for the Irish Daily Star, said he was instructed on behalf of his clients to apologise.
Imposing the fines, Mr Justice Kelly said he accepted there was no suggestion of a deliberate plan on the part of the newspapers or their editors to commit contempt or jeopardise the trial of the two youths.
The articles had been written within a short period of the death of a taxi-driver and from the point of view of "a justifiable concern on the part of the public at the lamentable state of the juvenile criminal justice system". Nevertheless, the two youths were entitled to a fair trial, free of published material which might jeopardise it.