Court action against three newspapers over Murphy trial reports

Contempt of court proceedings are being taken against three newspapers over their reporting of the Brian Murphy manslaughter …

Contempt of court proceedings are being taken against three newspapers over their reporting of the Brian Murphy manslaughter trail.

The editors and proprietors of the Irish Examiner, the Star on Sunday and the UCD College Tribune are to be called for a hearing before Judge Michael White on April 26th.

Mr Edward Comyn SC, for the Director of Public Prosecutions, told Judge White that five cases were considered to be in contempt of court.

There were two examples of articles which were considered to be sub judice because they reported on matters dealt with during the trial in the absence of the jury.

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The other three articles, he said, fell into the category which tended to disfavour the accused in the eyes of the public and would tend to prejudice their case in such as way as to influence their right to a fair trial.

The first article which will be dealt with by Judge White was published in the Irish Examiner on January 22nd and reported issues dealt with while the jury was absent. Judge White at the time referred to the article as a "disgrace" and a serious contempt of court.

However, he had refused to discharge the jury following an application by defence counsel.

The article in the Star on Sunday was published on January 26th, 2004, and referred to the fact that two of the defendants were receiving legal aid.

The judge expressed serious concern about the article which, he said, was not in the spirit of a previous ruling.

The third article appeared in the UCD College Tribune on February 10th, 2004, and also referred to matters dealt with in the absence of the jury.

Two further cases referred to by the DPP were an article printed in the Evening Herald on January 21st, 2004, which was deemed to tend to put the defendants in an unfavourable light.

The second was an advertisement that appeared in the Irish Independent on January 17th, 2004.

Judge White said it was up to the DPP whether to take these matters further.