A DUBLIN man is seeking a High Court injunction preventing TV3 broadcasting a programme entitled Cocaine Warstonight.
Brian Rattigan (29), Cooley Road, Drimnagh, Dublin, claims his right to a fair trial in relation to a charge involving the alleged supply of €1 million worth of heroin will be violated if tonight’s programme – and another programme next week – is broadcast.
The president of the High Court Mr Justice Nicholas Kearns yesterday granted lawyers for Rattigan permission to serve short notice of the injunction application against TV3, its chief executive David McRedmond, head of productions, Fintan Maguire, and director of programming, Matthew Salway. The matter will come back before the judge today.
Rattigan is alleged to have controlled the distribution from a prison cell of heroin allegedly found in a house in Walkinstown, Dublin, on May 21st, 2008, his counsel Brendan Grehan SC told the court yesterday. He is also accused of having two mobile phones in his cell in Portlaoise Prison the next day.
His trial on those charges has been listed for the Circuit Court on October 17th next.
Mr Grehan said two programmes in the Cocaine Wars series had been broadcast, the first dealt with the murder of Declan Gavin. Mr Rattigan was convicted of that murder but has appealed against conviction.
The second programme dealt with a number of other murders, in particular that of Paul Warren, whose killing, the programme claimed, was also directed by Rattigan from prison, counsel said. Rattigan was portrayed in the programme by an actor speaking on a mobile phone and directing criminal activities, Mr Grehan said.
His client was concerned the remaining programmes will continue to depict him in this way on matters which a jury will have to deal with, counsel said.
Rattigan’s solicitor, Bobby Eagar, said in an affidavit, he wrote to TV3 on January 12th and 17th last asking to be given copies of the two remaining programmes. No reply was received until yesterday when the television company said there was “no direct reference to your client” in relation to his forthcoming trial in the remaining two episodes. It had also said no copies of the programme would be provided.
Mr Eagar said his letters to TV3 were copied to the DPP who asked him to take steps to prevent contempt of court.
The solicitor said he had also seen a short preview on the TV3 website of tonight’s programme which “nominates” Rattigan as being involved in the double murder of Darren Geoghegan and Gavin Byrne on November 13th, 2005.
Mr Eagar said he feared both remaining episodes will interfere with the course of justice or with Rattigan’s right to a fair trial and presumption of innocence.