THE media practice of picturing accused persons in chains and handcuffs in the course of their trials is inconsistent with every person's right to the presumption of innocence, a judge told the Central Criminal Court yesterday.
Mr Justice Flood said the denigration of the dignity of individuals through publication of photographs "with no news value whatsoever" is "inconsistent with the presumption of innocence which every individual enjoys during their trial".
He made the comments after counsel for the Examiner newspaper apologised for the publication in Wednesday's Examiner of a photograph of a handcuffed man accused of murder, Mr Anthony Broderick, which wrongly suggested Mr Broderick was at Limerick court on Wednesday, when, he was at his trial in the Central Criminal Court in Dublin.
Yesterday Mr James Dwyer SC, for Mr Brian Looney, editor of the Examiner, and Examiner Publications, said the photograph had been taken 18 months previously. The error arose because of a breakdown in communications the sub editor dealing with the court copy was not the same sub editor dealing with photographs and the error was not spotted.
Mr Dwyer said the error was unfortunate and there was no intention to flout comments made by Mr Justice Flood on the publication in Tuesday's Irish Times of a photograph of Mr Broderick in handcuffs and a chain.
Mr Justice Flood said he accepted "the very full apology" and accepted that procedures had been put in place which would hopefully ensure such a situation did not arise again. He hoped that his views, which were stated with every courtesy, would be regarded.
The judge made his comments on the fifth day of the trial of Mr Anthony Broderick (22), of O'Malley Park, Limerick, who has denied murdering Mr James Doyle (49), also of O'Malley Park, in September 1995.