An "orgy" of media interest in retired Dublin assistant county manager George Redmond has prejudiced his chance at this time of a fair trial on charges alleging corruption, it was claimed at the High Court yesterday.
Mr Redmond is seeking orders restraining the DPP from proceeding, at this time, with Mr Redmond's trial at the Circuit Criminal Court.
The 78-year-old former local authority officer claims that, because of extensive media coverage of his affairs and conduct, it would not be possible for him at this time to be tried by an impartial and unbiased jury. Numerous newspaper reports and a number of transcripts of broadcast coverage relating to Mr Redmond were offered to the court.
On April 29th, Mr Redmond got leave from the High Court to seek orders prohibiting the DPP and the Circuit Court proceeding with his trial on certain criminal charges until such time as he could be assured of a fair trial. The trial was scheduled to be held on June 4th.
It was stated on Mr Redmond's behalf at the time that he wanted the prohibition order until such time as "the prejudice that pertains at this time is spent." On May 29th last, the High Court postponed the trial of Mr Redmond.
When Mr Justice Kearns sat yesterday, he was asked by Mr Patrick MacEntee SC, for Mr Redmond, if he had read a recently-published book by The Irish Times journalist Paul Cullen entitled With a Little Help From My Friends. The judge said he had not. Mr MacEntee said it might be helpful if the judge read certain pages and the judge then adjourned for a time to do so.
Mr MacEntee told Mr Justice Kearns that the important point in the application before the court was what was the likely effect of the material complained of at a trial, not as of today's date, but as of the likely date of the trial.
Counsel contended the jurors would be so prejudiced and conditioned by persistent, relentless and varied material that, no matter how they tried to obey instructions which they undoubtedly would be given at a trial, if there was one, there would still be a risk the material would affect their judgments or inflame their passions against Mr Redmond.
In an affidavit, Mr Anthony Harris, solicitor, for Mr Redmond, said he believed that as a result of the intense public interest extending back for more than four years and the coverage and discussion of his affairs in the media, it was now impossible for Mr Redmond to be tried by an impartial and unbiased jury.
As a result of the media coverage, Mr Harris said he believed there was a practically universal view that his client had been guilty of wholesale corruption in the execution of his duties and functions as assistant county manager.
It was his personal experience that the suggestion that Mr Redmond may be innocent of such corruption was treated with derision. He believed that attitude was reflected in the media coverage. It was apparent from newspaper cuttings that Mr Redmond's notoriety derived from the fact that his affairs were being investigated by the Flood tribunal.
While there had been a steady stream of references to Mr Redmond in newspaper articles concerning the Flood tribunal, particularly intense media interest in him had been focused around four events.
They were his arrest at Dublin Airport on January 19th, 1999; his prosecution for failing to make tax returns leading to his being sentenced by Dublin Circuit Criminal Court on April 13th, 2000, the subsequent appeal by the DPP against the leniency of sentence culminating in a Court of Criminal Appeal hearing in December 2000 and the judgment there; his evidence to the Flood tribunal during September, October and November 1999 and May 2000; and his being charged with the current offences.
Mr Harris said evidence which would not be admissible at the trial had been extensively reported, often in a sensational manner.
Mr Harris said he believed the form of media coverage which was most damaging to Mr Redmond was the coverage comprising commentary, analysis or humorous observations in relation to proceedings before the tribunal and in relation to his activities or supposed activities. Those pieces were frequently sarcastic, generally proceeded upon the assumption that he was guilty of wholesale corruption and often contained "sideswipes" at his character and personality.
At the start of yesterday's hearing, Mr McEntee sought an order to stop the media giving details of the newspaper and broadcast coverage which he is relying on to support his claim.
The judge said he would request that the material which was being referred to not be reported. If the request was not complied with, they could "revisit" the matter, he added.
The hearing continues today.