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Journalistic privilege (case law (Keegan v De Burca - plaintiffs sought…
Journalistic privilege
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case law
Keegan v De Burca - plaintiffs sought injunction to remove defendant and others from occupying house - injunction granted - claimed defendant breached order and in contempt - summoned to court but refused to answer questions = definite period of prison required - not just until speaks
Re O'Kelly - interview with accused sought to compel handover and discuss part of interview - refusal = held to be in contempt was put in prison - ~CA replaced prison sentence with fine (refusal had created little extra difficulty but conviction still obtained)
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Mahon v Keena - statutory enquiry into planning process for corruption - witnessed told certain things and sent letter - letter leaked to Irish times - Tribunal sought to get letter from Irish Times - Irish time burned letter - HC agreed should be made to answer questions - SC recognized journalistic privilege but condemned behavior - need to protect whistle blowers - so deliberate - order to pay costs
Boyle v Governor of St Pats teacher visiting minor detained - concealed phone - details leaked - sought to compel journalist who had leaked information - court refused to make order - could still succeed with information requested
Contempt of Court
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case law
Shell v McGrath Corrib gas line - number of protests, individuals trespassed on shells land - shell obtained injunction - defendants breached injunction - jailed - after 94 days sought to discharge injunction (not needed in winter)- court refused to release - still in contempt of court - 94 days was sufficient punishment - coercive
IBRC v Quinn injunction granted to prevente Quinn family from putting assets out of reach of its creditors (Causing them loss) - found in contempt = transferred 500,000 to Ukraine - court imposed coercive measures - Quinn failed to comply - imprisoned for 3 months and indefintley until he complied with measures- appeal 3 months held - indefinite not
contempt to journalists
Cullen v Tobin person convicted, appealed, only evidence was that of an accomplice - magazine published story of his accomplice during trial - sought to obtain injunction - already convicted and sentenced
HC - despite judges training, likely to still be affected
SC - doesn't like magazine publishing - nothing wrong with it - judges should be able to interpret law
Kelly v O'Neill
applicant convicted of 3 gross offences - sentencing a few weeks later - article published claiming involved in other major crimes - already convicted - sentencing determined by judge
SC - should have delayed publication - not an outright ban - sentencing not just about questions of law - variety of factors - any publication should have been delayed until sentencing concluded
DPP v Independent man charged with murdering sister, Herald published article about nature of assault - after the arrest before the trial - SC - Test was whether publication was calculated to interfere with the trial - didn't matter if prejudiced - fade factor not relevant on the issue of contempt
DPP v Independent publication of Anglo Tape -caused public outrage - number of executives charged with criminal behaviour
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