Courts / Ireland / Report

Judge indicates ban on naming of child murderer will be lifted

Summary

In an appeal-stage application at the Central Criminal Court, Tom Murphy BL, acting for RTE, sought to lift a previous court order restricting the naming of a child murderer and the deceased victim. The applicant alleged that the existing restriction, imposed by Mr Justice Michael White in January, prevented public identification due to a family relationship between the accused and the 11-year-old boy killed in 2019. The accused, a 28-year-old man, had admitted to the murder and was sentenced to mandatory life imprisonment. Mr Murphy argued that the Children (Amendment) Bill 2021, which rectified a loophole in Section 252 of the Children's Act, was set to come into force the following day, thereby removing the legal barrier to naming the victim. Mr Justice Paul McDermott indicated he saw no difficulty in lifting the ban once the new legislation took effect. However, noting the application was ex-parte and that the Director of Public Prosecutions and the accused had not been notified, the judge stated he was technically restricted from making the order before the law came into force. Consequently, the matter was adjourned. Mr Justice McDermott instructed the applicant to return the next day, once the amended legislation was in force, to allow the DPP and the accused to be present and make any submissions. The judge emphasized that the order would not be made immediately but would follow the commencement of the new law.

Who, what, where, when and why

What: Report matter: Judge indicates ban on naming of child murderer will be lifted. Charges or matters: application to lift court order. Procedural stage: appeal

When:

• November 3, 2019 Other
• 2021-05-06 Publication

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

Read the original CNI report