The DPP has brought an appeal to the Supreme Court against a High Court decision refusing to jail a newspaper editor and journalist for alleged contempt of court.
The appeal is against Ms Justice Elizabeth Dunne's decision that contempt of court had not been established against Evening Heraldeditor Gerard O'Regan and journalist Ann Marie Walsh, arising from the publication in December 2004 of articles in connection with the appearance before the District Court of Patrick O'Dwyer on a charge of murdering his 17-year-old sister, Marguerite.
O'Dwyer (21), Shrohill, Ennistymon, Co Clare, was convicted in June of the manslaughter of his sister. He became the first person in the State to be convicted of a killing on grounds of diminished responsibility and was jailed for six years.
The trial heard he battered his sister over the head with a hammer and stabbed her some 90 times while their parents were on a holiday abroad. Psychiatrists said he suffered from a mental disorder known as "depersonalisation disorder".
Yesterday, the five-judge court heard submissions on a preliminary issue in the appeal as to whether or not there exists a right of appeal against the decision that the defendants were not guilty of contempt.
Shane Murphy SC, for Independent Newspapers, said the DPP was seeking to effectively appeal against an acquittal in a criminal case.
