Rapist claims media breaching right to privacy

A SERIAL rapist who is seeking court orders restraining publication of his address following his release from prison last year…

A SERIAL rapist who is seeking court orders restraining publication of his address following his release from prison last year has told the High Court he does not want to cause trouble and simply wishes “to continue my rehabilitation, to live my life and hopefully integrate back into society”.

He said the newspapers had been after him almost from the moment of his release last year and their actions, plus those of gardaí, were making it impossible for him to live or work anywhere.

Ms Justice Mary Laffoy yesterday fixed June 1st to hear Michael Murray’s application for orders restraining various newspapers publishing photos of him and his address. There were serious allegations in Murray’s affidavit, she noted.

The defendant papers – the Evening Herald, the Daily Star, Star on Sunday, News of the Worldand the Sun– said they would not give any undertakings over publicity pending the injunction hearing.

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Murray was released from prison last year after serving 13 years for raping four women over a six-day period in 1995. He claims he cannot live or work anywhere because, as soon as he moves, the papers reveal his address and print pictures of him. As a result, he is moving between bed and breakfast accommodation.

He also wants orders against the Garda Commissioner aimed at preventing gardaí disclosing to the media information he provides to them, including his address, following his being registered a sex offender.

He is also seeking damages for mental pain, distress and anguish due to interference with his rights to privacy and to maintain a permanent dwelling under the Constitution and the European Convention on Human Rights. He also alleges interference with his right to earn a living and to continue rehabilitative treatment, which began in prison.

He claims the conduct of the newspapers amounts to incitement to hatred and harassment.

Paul O’Higgins SC, for Murray, told the court yesterday that, since Murray secured permission last Friday to serve short notice of the injunction proceedings, two papers had printed photos of him urging readers to cut them out and keep them.

As a result of this, his client was seeking an accelerated hearing but in the meantime wanted undertakings from the defendants as to further identification through photos and his address.

Eoin McCullough SC, for the papers, said he needed time to reply to affidavits and was not in a position to give any undertaking. The court heard the Garda Commissioner was also not prepared to give any undertaking over disclosure of information as the 2005 Garda Síochána Act already provides it is an offence for a Garda to disclose information leading to publication of personal information constituting an unwarranted and serious infringement of the right to privacy.

Mr O’Higgins said he would have to “make do” with that position for now as he had to accept the commissioner could not prevent “rogue action” by certain gardaí. The actions of the newspapers were pre-empting the role of gardaí under the Sexual Offenders Act which allows gardaí apply to the courts to prevent sex offenders living in certain places, he added.