Irish Times Ltd. v. Ireland [1997] IEHC 30; [1998] 1 IR 359; [1997] 2 ILRM 541 (18th February, 1997)

Irish Times Ltd. v. Ireland [1997] IEHC 30; [1998] 1 IR 359; [1997] 2 ILRM 541 (18th February, 1997)

A trial judge is empowered to restrict contemporaneous media reporting where there is a real risk of an unfair trial that cannot be remedied by directions to the jury; the accused's right to a fair trial is paramount in the hierarchy of constitutional rights and justifies such restrictions. The judge applied the correct legal criteria and was justified in making the order challenged.

Citation
[1997] IEHC 30
Parties
Applicant: Several Applicants; Notice Party: Director of Public Prosecutions; Accused: Howard Charles Miller; Accused: James Noel; Accused: Roman Smollen; Accused: Theresa Bernadette da Silva; Accused: Gordan Richards
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Final Judgment
Outcome
Relief refused; reporting restriction order upheld.
Legal Topics
Open Justice, Reporting Restrictions, Fair Trial, Hierarchy of Constitutional Rights, Freedom of Expression
Constitutional Law Criminal Law Media Law Open Justice Reporting Restrictions Fair Trial Hierarchy of Constitutional Rights Freedom of Expression

Case Brief

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Parties

Several Applicants

Applicant

Director of Public Prosecutions

Notice Party

Howard Charles Miller

Accused

James Noel

Accused

Roman Smollen

Accused

Theresa Bernadette da Silva

Accused

Gordan Richards

Accused

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Does a trial judge have power to restrict contemporaneous media reporting of criminal proceedings?
  2. 2 Is a trial held with reporting restrictions 'in public' under Article 34.1 of the Constitution?
  3. 3 What is the correct balance between the accused's right to a fair trial and media/public rights to report and receive information?

Ratio Decidendi

A trial judge is empowered to restrict contemporaneous media reporting where there is a real risk of an unfair trial that cannot be remedied by directions to the jury; the accused's right to a fair trial is paramount in the hierarchy of constitutional rights and justifies such restrictions. The judge applied the correct legal criteria and was justified in making the order challenged.

Court Disposition

Relief refused; reporting restriction order upheld.

Orders

  • Application for certiorari refused.
  • Reporting restriction order remains valid.