Newspapers found to be in technical contempt of court

THE Irish Examiner and the Irish Times have been found to be in technical contempt of court following the publication of court reports which led to the collapse of the trial of former GP, Dr Paschal Carmody.

The ruling yesterday by Judge Donagh McDonagh at Ennis Circuit Court followed the publication by both newspapers on Thursday of a court report, supplied by a freelance journalist, which contained reports of legal argument which had taken place in the court on Wednesday but which had taken place in the absence of the jury.

The comments should not, therefore, have been reported.

Mr Carmody, aged 63, of Ballycuggeran, Killaloe, Co Clare, was accused of defrauding the families of two terminally ill patients of over €16,500.

Judge McDonagh ruled on Thursday that the publication of the reports could have affected Mr Carmody’s chance of a fair trial.

Editorial representatives from both publications, along with their legal representatives attended the sitting of Ennis Circuit Court yesterday where they tendered apologies to the court.

Mr John Buckley, acting on behalf of the Irish Examiner, outlined to the court that the article which appeared was “largely a word for word” reproduction of what had originally been received by the freelance journalist in question. The article supplied to both newspapers by the freelance reporter in question made no reference to the fact that the legal argument in question had occurred in the absence of the jury.

Mr Buckley accepted, however, that the article “ought not to have appeared”.

He told Judge McDonagh that the executive editor of the Irish Examiner, Dolan O’Hagan, had come to court to personally apologise to the court and all those involved in the case.

Andrew O’Rourke, acting for the Irish Times and accompanied by the newspapers deputy editor, Paul O’Neill, also offered an apology to the court on behalf of his clients stating the publication of the offending material was “unintentional”.

Denis Vaughan Buckley SC acting for the prosecution in Carmody’s trial then made an application for costs in the trial to be sought from both newspapers.

Lorcan Staines BL representing Carmody outlined that his client was not on legal aid and would also be seeking his trial costs from both newspapers.

After a break to consider the issue Judge McDonagh said he accepted the apologies tendered and there “was no malice intended in how they were published by both newspapers” and as a result found them in “technical contempt”.

He suggested that both newspapers had purged their contempt by the fact that senior managerial staff had presented themselves before the court.

Judge McDonagh went on, however, to ask if it was fair for the people of Ireland to have to bear the costs of this mistake.

Judge McDonagh added that he could not make a ruling on this without first establishing the costs in the case, which he said should include the full prosecution and defence costs and a contribution towards the court service costs.

He said if the newspapers wished he would like to receive written submissions from all parties by May 9, with a view to hearing the matter on May 12.

An application was also made by Stephen Coughlan BL to have the trial of Carmody transferred to Dublin, which was resisted by Mr Marrinan, SC for Carmody. Judge McDonagh said he would also hear this application on May 12.