LESSONS MUST be learned by all sides in relation to applications relating to press coverage of running trials, a judge advised yesterday after he ruled that four newspapers were not guilty of contempt over their coverage of a sexual assault trial in Cork.
Judge Donagh McDonagh had requested the editors of the Irish Examiner, the Irish Independent, the Irish Mirror and the Irish Sun to attend Cork Circuit Criminal Court yesterday to explain why they should not be held in contempt of court.
Judge McDonagh made the request on foot of publication by all four papers of reports relating to an ongoing sexual assault trial in Cork, which collapsed on Wednesday after a report in the Irish Examiner was brought to the judge’s attention by the defence team.
The issue revolved around differing interpretations of applications by prosecution and defence lawyers regarding publication of certain matters relating to the trial which Judge McDonagh said he had taken to mean a complete ban on identification of the accused.
The issue had been raised after the jury had retired and giving his ruling on the applications by both parties, Judge McDonagh had commented “A ban on publicity, well, the press know the rules” and he observed that reporters had nodded their assent.
Yesterday, following submissions on behalf of the four newspapers, Judge McDonagh said that he had learned a number of lessons over the previous 24 hours, including firstly that applications should be spelt out in as clear as possible terms by whoever is making them.
