Editors win a stay on proceedings for criminal contempt

The editors of three newspapers have secured from the High Court a stay on proceedings due before Dublin Circuit Criminal Court…

The editors of three newspapers have secured from the High Court a stay on proceedings due before Dublin Circuit Criminal Court today in which they were to face allegations of criminal contempt.

The editors of the Irish Examiner, Irish Mirror and Star yesterday also obtained leave to bring judicial review proceedings against Circuit Court judge Pat McCartan and a man accused of child abuse offences.

The trial of the man before a jury in Dublin Circuit Criminal Court earlier this month was halted after he complained that reports of the case in the Star, Irish Examiner, Irish Mirror, Irish Independent and The Irish Times made it impossible for him to get a fair trial.

The jury was discharged and the case was listed for mention on June 18th to fix a date for a new trial. Leave to seek an order for the attachment and committal of the five editors was also given to the man's lawyers.

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The matter was listed for hearing on May 21st when Judge McCartan was asked to make a preliminary decision on the form of contempt. He ruled on May 22nd that the contempt issue was in the nature of criminal contempt and did not amount to civil contempt.

On May 28th, counsel for the editors of the Irish Examiner, Star and Irish Mirror indicated their intention to seek leave to challenge that decision and asked that the alleged criminal contempt proceedings be put in for mention on June 13th.

However, at the High Court yesterday, Mr Justice Kelly was told Judge McCartan had listed the case for judgment today.

Mr Justice Kelly granted the three editors leave to bring judicial review proceedings to quash Judge McCartan's May 22nd decision and granted leave to seek orders restraining the accused man from prosecuting the charges. It was returned to the High Court for June 14th.