Courts / Dublin / Report

Article that collapsed rape trial "came close to scandalising the court", judge finds

Summary

A rape trial in Dublin collapsed after a newspaper article in the Irish Independent suggested the defendant was guilty and the complainant a victim. The trial, which had run for six days, was at its closing stages when the article appeared. Mr Justice Paul McDermott granted the defendant's application to discharge the jury, stating the article "came close to scandalising the court" and that it juxtaposed an ongoing trial with public opinion, implying unfairness. He warned that the publication could undermine the defendant's right to a fair trial and that the jury could not be asked to disregard the article. The judge noted the trial had been conducted professionally and that the article's criticism of the trial process was unacceptable. The case was therefore dismissed, with the defendant awaiting a potential retrial.

Who, what, where, when and why

What: Report matter: Article that collapsed rape trial "came close to scandalising the court", judge finds. Procedural stage: trial

When:

• 2018-11-26 Publication

Why: She said the court could not remedy the situation because to ask the jurors if they had read the article at this stage would be to trespass into their role in an unprecedented and unlawful way. CNI source report

Case subjects

Places mentioned

Topics

Sexual Offences Stage Trial

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Read the original CNI report