Legal bid at photo of dead woman in horror
A picture of pensioner Stacia Purcell, the High Court heard, was used in the horror film Wrong Turn 6: Last Resort, which her family’s lawyer described as a “grotesque, graphically violent film, which contains scenes of a pornographic nature.”
The photograph of Ms Purcell was given by her family and issued to the press to assist in the search for her when she went missing in October 2013. Now, her family, who were only told of the movie by neighbours, have gone to the High Court to stop the use of the picture of Ms Purcell, “a beloved mother and grandmother”, in the movie.
Over a week after she went missing, Ms Purcell’s body was found in a tributary of the River Barrow near New Ross town.
She had gone for a walk on the night of October 30, 2013. It is thought that Ms Purcell fell into the River Barrow after suffering a heart attack.
Yesterday at the High Court, Mr Justice Paul Gilligan heard that the image was used in the movie without the family’s consent or permission and has caused them great pain, distress, and suffering.
In proceedings against 20th Century Fox Home Entertainment, WT6 Productions and UFO Film and Television Studios Ltd (Bulgaria) and UFO International Productions (Los Angeles), Ms Purcell’s children Anna Kehoe, Patrick Purcell, Catherine Doran, and her son-in-law Sean Doran are seeking a number of orders preventing the use of her image in the film.
These orders include an interim injunction, on an ex parte basis, preventing the use of her image in the film in any further broadcasts or distribution of the film. The family say the film is owned controlled, broadcast, and distributed by the defendants.
Mr Justice Gilligan, who accepted that matter is serious, said he was not prepared to grant the family a temporary injunction preventing the distribution, sale, or broadcast of the film in its current format when only one side was represented in court.
To do so at this stage, the judge said, would be “far-reaching” and “draconian”, given that any order made by the court “would have a worldwide effect”.
The judge said that, at this stage, he was prepared to grant the family permission to serve short service of proceedings against the respondents. Noting there had been correspondence between lawyers for the parties, the judge said he wished to put the matter back to next Wednesday.
This was to allow lawyers for the respondents file an affidavit in response to the action.
Ms Purcell’s family, represented by Richard Kean SC, say the family was contacted by neighbours who informed them the image had featured in the movie. The film has been broadcast on Sky Television, and is available on buy on DVD, counsel said.
