The High Court has found Independent News and Media plc, Claire Grady and Stephen Rae in contempt of court over material published about a person awaiting trial by jury.
Ms Justice Iseult O'Malley said she was satisfied beyond reasonable doubt that the respondents had committed contempt. The Director of Public Prosecutions had applied for orders of attachment, committal and sequestration arising from the publication.
The court held that the material was published after the accused person had been charged and returned for trial. It gratuitously identified and associated that person with particular types of behaviour relevant to the charges which the jury would later have to consider.
The respondents argued that the time between publication and the eventual trial meant there was no risk to the fairness of the proceedings. The High Court rejected that argument. Ms Justice O'Malley said the lapse of time may matter where an accused seeks to prevent a trial because of prejudicial publicity, but it does not determine whether contempt was committed. For contempt, the relevant point was that publication occurred after charge.
The court also rejected an argument based on other people having published material relevant to the criminal charges without being prosecuted. The judge said it is generally no defence to a criminal allegation to point to similar conduct by others who were not prosecuted, unless there is evidence of bad faith by the prosecutor. No such finding was made here.
The court did accept that the respondents had not intended to interfere with the administration of justice. However, intent was not required for the offence as the law then stood.
Because a criminal trial was still pending, the High Court directed that only the summary and conclusion of its judgment could be published until further order. The supplied judgment does not state what consequential orders or penalties, if any, were imposed following the contempt finding.