Courts / Kildare / Report

Unlawful restriction on media naming sex offender remains in force

Date
2020-01-23

Stage
Appeal

Primary locality
Kildare

County
Kildare

Summary

The Court of Appeal ruled that an unlawful gag order preventing the media from naming a convicted sex offender remains in force. Mr Justice Brian Murray, in a lengthy judgment, rejected an appeal by several media firms against the order that barred identification of a 16‑year‑old who admitted sexual assault and attempted defilement of a 14‑year‑old girl in 2010. The offender and two co‑accused first appeared in the Children's Court in 2011 under reporting restrictions. In 2014, at the Dublin Circuit Criminal Court, the offender pleaded guilty and was sentenced to two years' imprisonment, a sentence fully suspended by Judge Mary Ellen Ring. The court noted that the victim had waived anonymity, but the gag order persisted. The High Court later found the July and October 2014 restrictions lawful but ruled there was no lawful basis for Judge Ring to continue them after 31 October 2014.

Who, what, where, when and why

What: Report matter: Unlawful restriction on media naming sex offender remains in force. Charges or matters: the offences and the co-accused also entered pleas to related charges. Procedural stage: appeal

When:

March 2010 Incident
February 24, 2014 Hearing Or Sentence
October 2014 Hearing Or Sentence
October 31st, 2014 Hearing Or Sentence
2020-01-23 Publication

Why: Mr Justice Murray stated that "the refusal of an order quashing an otherwise unlawful reporting restriction on the ground of the appellant's motive would not be consistent with the constitutional imperative". CNI source report