A notice of motion against five newspapers alleging contempt arising out of a sex assault trial in 2001 has been struck out by direction of Judge Patrick McCartan at Dublin Circuit Criminal Court.
The notice of motion was entered in May 2001 by solicitors for Philip Lowry (52), of Holy Cross, Thurles, Co Tipperary, whose original trial was stopped after he was named in the media.
The jury was discharged on the second day of the trial by Judge Dominic Lynch, and five newspapers - The Irish Times, the Irish Independent, the Irish Examiner, the Star and the Irish Mirror - received affidavits from Lowry's solicitors.
The contempt issue was set for trial before Judge McCartan who said then that publication of Lowry's identity at his trial was "a direct attack on the workings of the court" because an order was in existence prohibiting his naming.
The contempt case was halted when three of the newspapers took judicial review proceedings in the High Court, which stayed it from proceeding.
Judge McCartan struck out the contempt notice of motion after being told that, due to developments in the case, the solicitors no longer wished to pursue the matter. He thanked Lowry for attending the hearing, but noted it only involved the media and the courts.
Lowry was subsequently found guilty in November 2002 by another Dublin Circuit Criminal Court jury on seven charges of sexual assault involving three young girls on dates in the September 1996-June 1997 school year during football and hurling sessions.
Judge Joseph Matthews imposed a one-year sentence on him last January, and reporting restrictions on naming were formally removed on June 5th last when the court was told there were no further proceedings pending against Lowry.
Judge Matthews lifted his order of prohibition on naming Lowry after Mr Paul Greene, prosecuting, said a nolle prosequi had been entered in pending charges.
Mr Roger Sweetman SC, defending, agreed at that hearing that there were no further proceedings awaiting trial against his client.
Judge Matthews said Lowry could be named on condition that none of his victims nor the school he had worked at be identified.
Lowry sexually abused the girls at national schools in the Tipperary area.