Judge refuses to opt out of ‘Phoenix’ contempt case

A High Court judge has refused to recuse himself from hearing proceedings for alleged contempt against the publishers of The Phoenix over an article related to the failed civil action by Ian Bailey over the conduct of the investigation into the murder of Sophie Toscan du Plantier.

Mr Bailey lost his action for damages against the Garda commissioner and State earlier this year.

Prior to the opening of Mr Bailey’s action, the Garda commissioner and State initiated proceedings last October against Penfield Enterprises, publisher of The Phoenix, over an article published on September 26 last. They have also alleged contempt in a second article published in April, after the trial had concluded.