DPP bids to jail editor, reporter for contempt
Friday June 27 2008
Tim Healy
THE DPP has asked the Supreme Court to consider making an unprecedented finding of contempt against Irish Independent editor Gerry O'Regan and journalist Anne-Marie Walsh.
He also wants the court to impose the "appropriate" penalty, which could involve a jail sentence, a fine or seizure of the newspaper's assets.
The case relates to articles published in the Evening Herald, in December 2004, about the appearance before the District Court of Patrick O'Dwyer on a charge of murdering his sister Marguerite.
The DPP made the application yesterday in his appeal against a High Court finding that Independent Newspapers (Ireland) Ltd, the then Evening Herald editor Mr O'Regan and Ms Walsh were not in contempt of court.
The articles included a front-page article under the headline "Tragic Marguerite beaten to a pulp" and another page three article headlined "Grieving parents stay away as Teen remanded". The second article included an account of the post-mortem examination of the dead girl and described the accused man's appearance and demeanour.
In the High Court, in May 2005, Ms Justice Elizabeth Dunne -- while criticising aspects of the articles -- ruled they did not create a real risk, as opposed to the possibility of an unfair trial, to Mr O'Dwyer.
She took into account the fact that Mr O'Dwyer's trial date had not yet been set when the articles appeared, and a "fade factor" which would apply in the minds of potential jurors.
The DPP's appeal against Ms Justice Dunne's decision opened yesterday before the five-judge Supreme Court.
In June 2006, Mr O'Dwyer (21), of Shrohill, Ennistymon, Co Clare, was jailed for six years for the manslaughter of his 17-year-old sister who was battered with a hammer and stabbed multiple times.
Psychiatrists said he suffered from a mental disorder known as "depersonalisation disorder". He was the first person in the State to be convicted of a killing on grounds of diminished responsibility.
The DPP contends that the articles amount to what counsel Feichin McDonagh called "a serious contempt" of court.
Acquittal
Among the issues the court has to decide is whether the DPP can bring an appeal to the Supreme Court against what Independent Newspapers called "an acquittal" on the merits in a criminal case, and whether the court has jurisdiction to allow such an appeal, to convict and to impose a sentence.
The DPP contends the articles, whatever the intention of their author or publisher, were apt to convey the distinct impression that the person remanded by the District Court was responsible for the death of his sister.
Opposing the appeal, Shane Murphy, acting for the Irish Independent, said the application on behalf of the DPP was unprecedented in the life of the State, and offended against the constitutional principles of fair procedure, double jeopardy and discrimination.
Mr Murphy will continue with his submissions when the appeal resumes on July 30.
