Paper found in contempt after publishing daughter’s name

THE Evening Herald newspaper was found in contempt of court during the Eamonn Lillis murder trial after it published the name of the accused’s daughter in breach of a court order.

The issue, which was raised in court in the absence of the jury last Thursday, can only be published now. Prosecution barrister Mary Ellen Ring SC, raised the matter by pointing out that she had expressly referred to the Children’s Act 2001 which prevents the publication of the names of children involved in court proceedings “before I said one word in this case”.

Ms Ring said the DPP considered the article published in the Evening Herald on January 22 to be a clear breach of the legislation which was introduced to protect vulnerable children. The court heard no penalty for breach of the issue was set out in the legislation which meant the DPP cannot bring any criminal proceedings on the matter.

Mr Justice Barry White raised concerns about the interpretation of the Children’s Act in terms of the reporting of children’s names by pointing out that it could have “far reaching consequences”. The judge claimed the legislation could prevent the identification of minors involved in cases where children had suffered brain damage at birth or who sustained injuries in a traffic accident. Every infant settlement since 2001 and even as far back as 1908 could be in contempt under the act, said Mr Justice White.

However, Evening Herald solicitor Simon McAleese said the newspaper accepted with its “hands up” that it had breached an order made by the court and apologised unreservedly for the mistake.

Mr Justice White said it was quite clear from the article that the reporter had been careful to make three separate references to Lillis’s daughter without identifying her by name. “I am prepared to accept that this was an error that was not intentional,” the judge remarked.

Mr Justice White said he would consider the matter over if the Evening Herald made a donation to a charity working in Haiti as well as a similar donation to either Simon or the St Vincent de Paul.