THE editor of the Examiner, Mr Brian Looney, has been requested to attend Tuam District Court today to explain why he should not be cited for contempt following the publication of photographs which a defence solicitor claimed were prejudicial to his clients receiving a fair trial.
Judge John Neilan warned the media that any change in the rules on the reporting of court cases was a matter for legislators. They should not attempt to make changes on their own, he said.
Before the court are 34 members of the extended Ward traveller family, who are on charges arising out of two days of violence involving another traveller family, the McDonaghs, around the time of a funeral last June.
When the case resumed yesterday, Mr Gerard Gannon, defence solicitor, produced a photocopy of an account of the trial proceedings published in the Examiner on Wednesday and asked Judge Neilan to cite the newspaper's editor for contempt of court.
He told the court that two photographs which accompanied the report were clearly in contempt and were prejudicial to the defendants' right to the presumption of innocence. He asserted that photographs of a garda bringing implements such as hatchets and slashhooks into the court and of another person entering the courthouse in chains implied guilt on the part of the defendants.
"These photos have taken this implication into the national domain and defendants' constitutional rights have been impinged on. No citizen of this nation reading this headline and viewing these photographs, could but impute guilt," he said.
Mr Gannon alleged that the Examiner had been involved in two similar incidents in recent months and said that the District Court had residual jurisdiction in these matters since the judge was the custodian of the constitutional and legal rights of those who came before him.
"The editor gave a recent assurance to Justice Flood in the High Court that this sort of thing would not arise again and now, within six weeks, I had to bring it up again before a court. I submit there is a clear contempt of court in this matter. This publication is as clear a contempt of court and breach of the rights of the defendants as could possibly be seen the Examiner appears to have scant regard for this court," Mr Gannon said.
Judge Neilan refused to read the copy of the article when it was presented to him by Mr Gannon, saying that he would "treat it with the contempt it deserved". He said he would not be influenced one iota by what appeared in, the media. He pointed out that, in a case of contempt, he was limited to issuing a seven day committal warrant or imposing a small fine.
The judge said it might disappoint the media to hear it, but he did not read newspapers. Referring to eye catching headlines, he aid that he had given up the practice. He suggested that money, the sale of newspapers and the protection of shareholders' investments were the main motivating factors behind certain publications.
He said that he was clearly obliged to protect the rights of individuals before his court and it was a sad situation that the media believed it had carte blanche now to report what it liked.
"If the media have a grievance about what they can report, then the place to take it up is with the legislators in the Dail, not bring the battle into the courts. If the legislators in this country decide they want to extend what can be reported, I have no problems with that, but the media should not seek to make changes on their own".
Judge Neilan said that media reports that he had requested Garda protection during the present trial were "unfounded and outrageous". He had made contact with a certain newspaper to clarify the matter.
"I am not going to suggest how this issue can best be resolved, but it is getting to the point where something very serious is going to happen. And, when it does, people will be running for cover and wondering how it came about. I accept the media are dealing with a complicated issue here, but it is inappropriate for the citizens of this State to be used as pawns in the game they are engaged in. The media love these issues. I believe they are trying to taunt the courts and think that if they get away with enough apologies the laws will be changed."
He went on to urge the media to give honest, accurate and detailed reports of the trial and "stop dressing mutton up as lamb and playing for circulation".
He invited the editor of the Examiner to come to his court at 10.30 this morning to explain himself, but advised Mr Gannon not to "hold his breath" waiting for him to arrive.