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'Without a free press there is no democracy': Supreme Court rejects garda bid to access journalist's phone
Summary
The Supreme Court has unanimously dismissed an appeal by the Garda Commissioner challenging the quashing of a search warrant that would have allowed access to a journalist's mobile phone. The seven-judge court upheld the Court of Appeal's decision that the warrant, obtained in relation to the Strokestown eviction investigation, was invalid. Emmet Corcoran, editor of The Democrat newspaper, had his Strokestown home searched in 2019 and his phone seized following a warrant issued by the District Court in 2018. Mr Justice Gerard Hogan stated that protection of journalistic sources is integral to a free press and essential to democracy under the Constitution. The court found that the District Court judge had not been adequately informed that Mr Corcoran was asserting journalistic privilege before the warrant was issued. Mr Justice Hogan noted the case exposed serious shortcomings in search warrant legislation, matters he suggested warrant urgent Oireachtas consideration.
Who, what, where, when and why
What: Report matter: 'Without a free press there is no democracy': Supreme Court rejects garda bid to access journalist's phone. Procedural stage: appeal
When:
- April 2019 Hearing Or Sentence
- December 2018 Hearing Or Sentence
- 2023-06-22 Publication
Why: The Court of Appeal held the warrant was flawed because it was not satisfied that the rights of a journalist to protect their sources was properly taken into account before it was issued. CNI source report
Places mentioned
- Supreme Court
- Court of Appeal
- The High Court
- The appeal court
- The District Court
- PIN. The High Court
- High Court
Topics
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