‘Phoenix’ appeals judge’s decision

The publishers of Phoenix magazine are appealing against a High Court judge’s refusal to recuse himself from hearing proceedings for alleged contempt, relating to two articles on the failed civil action by Ian Bailey over the conduct of the investigation into the murder of Sophie Toscan du Plantier.

Given the pending appeal against Mr Justice John Hedigan’s refusal last week to recuse himself, Robert Dore, solicitor for Penfield Enterprises, sought an adjournment of the hearing of the contempt proceedings, due to open yesterday before the judge.

After Paul O’Higgins, counsel for the Garda commissioner and State, opposed an adjournment and argued the contempt matter should proceed to determination, Mr Dore said he was surprised at the State’s attitude, as it would not be prejudiced by an adjournment.