The Sunday World, accused of attempting to prejudice a murder trial, has challenged a form of prosecution which, on conviction, would leave its directors open to unlimited imprisonment and fines.
The High Court has granted the newspaper leave to judicially review the DPP's successful District Court application to proceed against it by way of indictment before the Circuit Criminal Court.
Mr Felix McEnroy SC, counsel for Sunday Newspapers Ltd, told Mr Justice Murphy that the charge related to publication of a feature article by its reporter, Ms Joanne McElgunn. He said the article had related to people connected with the trial of Mr Patrick Carry in the Central Criminal Court, between April 24th and May 3rd, 1996, for the alleged murder of Mr Anthony Kenny at Carrickatober, Crosskeys, Co Cavan.
Mr McEnroy said the article, entitled "I cradled my dying Tony just after we got engaged", had appeared in the newspaper on April 28th of that year. He told the court that Mr Carry, who had pleaded guilty to the manslaughter of Mr Kenny on March 6th, 1994, had pleaded not guilty to the charge of murder and had been acquitted on the murder charge by a unanimous verdict of the jury. Mr Carry had been given a suspended sentence of six years' penal servitude, and the suspension of the sentence had later been set aside.
The Sunday World editor, Mr Colm MacGinty, said an application had been made to the Central Criminal Court during the trial in relation to the feature article, but he was unaware of any order made by the court. The newspaper had not been afforded an opportunity to appear at the time.
In September 1996 he had made a statement to gardai investigating an allegation of contempt of court by the Sunday World. In March 1997 Ms McElgunn and the Sunday Newspapers Ltd managing director, Mr Michael Brophy, had declined on legal advice to make statements. Since that time he had heard nothing more about the matter. He had no reason to believe that some years later the newspaper would be prosecuted. Mr MacGinty said he first became aware that a decision to prosecute had been taken when a summons was served on the company in October last year. A month later he had been served with a book of evidence in the District Court. He said the first time the company had had an opportunity to object on the basis of undue delay was before the District Court in March this year.
The DPP had contended that, in judicial review proceedings, only the High Court could entertain submissions in relation to delay.
Mr McEnroy was granted leave to seek declarations on District Court jurisdiction relating to the proceedings and on quashing the District Court's order sending the newspaper forward for trial at the Circuit Criminal Court.