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National News

Two newspapers hit by €60,000 court fine

By Tim Healy

Wednesday January 14 2009

TWO newspapers were yesterday fined a total of €60,000 for criminal contempt for breaching court orders restricting reporting of proceedings brought by the Criminal Assets Bureau (CAB) against a Dublin gangster.

The case arose out of the publication of material related to the CAB proceedings by the newspapers, and in a book by 'Sunday World' crime editor Paul Williams, about gangland feuding, called 'Crime Wars'.

The media outlets claimed to be unaware of the reporting restrictions and said they intended no contempt. But Mr Justice Brian McGovern ruled last month that they should have known of the restrictions, which are set out in the Proceeds of Crime Act 1996, and had a duty to inform themselves about the law.

The contempt findings were made against Colm McGinty, editor of the 'Sunday World' and Mr Williams, and against 'Star on Sunday' editor Des Gibson and one of its journalists, Ken Foy.

The findings were also against Independent Star Ltd, publisher of 'Star on Sunday'; Sunday News Ltd, publisher of the 'Sunday World'; and against and Mr William's publisher, Merlin Books Ltd.

In the High Court yesterday, Mr Justice McGovern imposed fines of €30,000 each on each of the newspapers.

A fine of €5,000 was also imposed on Merlin after the judge heard the company had taken several steps to withdraw the book from sale, and to recall copies already distributed following the court's finding last month that some material in the book was also in criminal contempt.

Articles

In submissions yesterday, Eoin McCullough, for the media outlets, argued the contempt complained of was "technical" and unintended and represented only a small portion of the book and newspaper articles complained of.

Counsel also argued that the articles and book outlined serious matters, publication of which was in the public interest, and only a very diligent reader would have been able to identify the applicants from them.

The contempt orders were sought by two of four persons against whom proceedings have been brought by CAB arising from its investigation into the assets and activities of a Dublin criminal.The judge also directed the respondents to pay the costs of two people who had sought the contempt orders.

- Tim Healy

 
 

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