TV3 agreed before the High Court today not to broadcast tonight's planned episode of its series Cocaine Wars after a prisoner sought an injunction claiming programmes in the series breached his right to a fair trial.
Brian Rattigan (29), Cooley Road, Drimnagh, Dublin, is facing trial next October on charges relating to the alleged supply of €1m worth of heroin and with having two mobile phones in his prison cell.
Yesterday, the High Court granted lawyers for Mr Rattigan permission to srve short notice on TV3 of his application for an order restraining broadcast of an episode in the series, scheduled for transmission last night (Tues).
When the case came before the President of the High Court, Mr Justice Nicholas Kearns today, Brendan Grehan SC, for Mr Rattigan, said TV3 had undertaken not to broadcast last night’s episode and had also undertaken not to re-broadcast two previous episodes.
Garrett Cooney SC, for TV3, said it was delaying the broadcast until it has time to respond to Mr Rattigan’s court proceedings. The station was insisting there was no contempt of court in relation to Mr Rattigan’s forthcoming trial but had decided not to broadcast at this stage so as to co-operate with the High Court, counsel said.
TV3 has also agreed to provide Mr Rattigan’s lawyers with copies of last night’s episode on an undertaking the contents will not be disclosed except to lawyers for the purpose of making submissions to court. Copies of the two previous episodes complained of are also to te provided.
Mr Rattigan’s lawyers have also exhibited, as part of the High Court proceedings, the book of evidence against him in his forthcoming trial on the undertaking TV3 will not disseminate its contents, the judge was told.
Mr Justice Kearns stressed the court had been available to facilitate the sides in the matter and he wanted to make it clear the parties themselves had agreed the rescheduling of the programme. He agreed to adjourn the matter to Friday.
The court was told yesterday Mr Rattigan is alleged to have controlled the distribution, from a prison cell, of €1m worth of heroin allegedly found in a house in Walkinstown, Dublin, on May 21st, 2008. He is also accused of having two mobile phones in his cell in Portlaoise prison the next day.
Two programmes in the Cocaine Wars series have already been broadcast, the first of which dealt with the murder of Declan Gavin, of which Mr Rattigan was convicted. He is appealing that conviction.
Mr Rattigan alleges he is portrayed in the second programme by an actor as speaking on a mobile phone and directing criminal activities. He has also expressed concern the remaining programmes will continue to depict him in this way on matters which a jury will have to deal with.
In reply to Mr Rattigan’s solicitor, TV3 had last Monday stated there was “no direct reference to your client” in relation to his forthcoming trial in the remaining two episodes.