THE IN CAMERA rule was lifted in relation to the case of the late Daniel McAnaspie in the District Court yesterday following an application by The Irish Times. This is the first time reporting of childcare proceedings in the District Court has been permitted.
The body of Daniel McAnaspie was found in a drain in Co Meath earlier this month. He had been stabbed. He had been in the care of the Health Service Executive since 2003, but had gone missing in February.
In the childcare court of the Dublin District Court yesterday, Judge Brendan Toale also permitted The Irish Timesto report that the court ordered the release of the HSE's archive on the child to the Garda and the Minister for Children. The HSE had sought the orders permitting it to release the material to the Garda Commissioner for the purpose of assisting in the criminal investigation, and to the Minister for Children to permit him carry out his regulatory function.
Lawyers for the family of Daniel McAnaspie made an application for the release of documentation in the possession of the guardian ad litem, who had been representing Daniel McAnaspie’s interests in his care proceedings taken by the HSE. They also supported the application for reporting restrictions to be lifted. Their application for the release of documentation will be heard on Thursday.
Solicitor Andrew O'Rorke said it was the view of The Irish Timesthat this was a matter of public interest. Some of the facts of the case were already in the public domain.
The Irish Timeswas seeking to report the facts of the application by the family and was not seeking to make any reference to any other child, he said.
Felix McEnroy SC, for the HSE, said he had received assurances that no information would be published that could impact on other persons who were the subject of childcare proceedings.
“The balance of justice requires you to permit this responsible organ of the media to publish along the lines I suggest,” he told Judge Brendan Toale.
Emer Woodful, for the guardian ad litem, also supported the application for reporting the proceedings. “There is no absolute embargo on publishing information,” she said.
Judge Toale granted the order sought, permitting the reporting of the application. “In the particular circumstances of this case, and given that matters are already in the public domain, I cannot see what interests would be served by non-publication. It would be in the child’s interests if this application was reported in the manner set out this morning.”
Seeking an order for the release to the Garda and the Minister for Children of the files on Daniel McAnaspie, Mr McEnroy said the Garda had requested the disclosure of a limited portion of the material. The HSE wanted to make the whole archive available.
He said he had no objection to the media present reporting on the fact of the proceedings and the nature of the application being made. Nor did he object to the reporting of any submission made, the order the court may make or any reason the court might give for its decision.
He also sought an order directing that the HSE, the Garda Commissioner, the Minister or any other person who received such information could not disclose privileged or confidential information without the permission of the court.
Judge Toale granted the orders, saying that the interests of justice and the public interest required that the material be disclosed. He also gave permission for these proceedings to be reported.
Gardaí said last night they had arrested a female juvenile in relation to the murder of Daniel McAnaspie. She was being detained at Blanchardstown Garda station.
A man remains in custody in Blanchardstown. Searches are continuing in Blanchardstown in relation to the investigation, a spokesman said.