The Irish Times and RTÉ were among a number of media organisations criticised in the Central Criminal Court for what was termed "prejudicial" coverage in advance of a forthcoming Limerick murder trial.
Yesterday lawyers acting for five men due to stand trial in Dublin on Tuesday applied for an adjournment because of what they described as frenzied and "totally inaccurate" reporting in broadsheet and tabloid newspapers at the weekend. They claimed that print and broadcast material created a "real and substantial risk" that the accused would not receive a fair trial.
Applying for a deferment to allow the "fade factor" to kick in, Mr Brendan Nix SC, acting for Mr Christopher Costelloe, said it was outrageous that his client's presumption of innocence was undermined by recent reports. He singled out in particular an article in Ireland on Sunday which linked attacks on a prosecution counsel's home and other recent incidents, to this case.
Network 2's The Panel and TV3 were criticised for recent broadcasts as was a weekend report in The Irish Times. A bundle of articles handed to the court included those from two other Sunday newspapers.
Mr Anthony Sammon SC, for accused Mr David Stanners, submitted that it was "not safe for this trial to proceed" and asked that it be adjourned to allow for the heat generated by media reports to fade.
Mr Blaise O'Carroll SC, Mr John Edwards SC and Mr Roddy O'Hanlon SC, also asked for an adjournment because of media reports linking the trial to the Limerick feud prior to the trial's commencement.
Prosecuting counsel Mr Denis Vaughan Buckley SC, while criticising the Ireland on Sunday article "as totally inaccurate in its entirety", submitted that the trial should not be adjourned because of recent media reports.
Rejecting the defence application, Mr Justice Carney said juries act on the evidence and on directions from the trial judge and are not prejudiced by media reports. He said there is a tendency to treat juries like "simpletons in many respects".
"I don't share that view," he said. "I am satisfied that the accused will get a fair trial."
Mr Justice Carney pointed out that the expeditious hearing of the case was of enormous public interest and ruled that it will go ahead as scheduled.
He commented that the case could not be run without reference to a feud and said the duration of the trial as previously reported was totally overstated.
The five accused have pleaded not guilty of the murder on January 29th of Kieran Keane (36), from Greenhills Road, Garryowen, Limerick. They also deny the attempted murder of his nephew, Mr Owen Treacy, on the same occasion and two counts of false imprisonment.
Last week, the trial was moved from Limerick to Dublin because of difficulties in selecting a jury. It is now set to go ahead on Tuesday with a new jury.