Contempt of court during a criminal trial.

political analyst · 05-10-2022 12:53pm #1

https://www.rte.ie/news/courts/2022/1005/1327276-boy-b/

Since Boy B has withdrawn his appeal, it is safe to ask some questions about contempt of court in relation to that case:

After the verdicts, the editor of a newspaper was fined for contempt of court. Does that leave the editor with a criminal record?

Also regarding that editor, he didn't authorise the publication of the detail that was the contempt but counsel for the State said that being an editor must mean something. Surely, the punishment of a manager in a criminal case for an act that was done by a subordinate is confined to war-crimes cases, isn't it? After all, he's not exactly General Yamashita!

ohnonotgmail · 05-10-2022 2:26pm

The editor has final say on what is printed.

political analyst · 06-10-2022 2:52pm

https://www.boards.ie/discussion/comment/119704604#Comment_119704604

Why couldn't the DPP accept that honest mistakes happen?

https://www.independent.ie/irish-news/courts/newspaper-and-editor-fined-over-contempt-of-court-38294760.html

ohnonotgmail · 06-10-2022 3:28pm

https://www.boards.ie/discussion/comment/119709114#Comment_119709114

the DPP gave their answer in the article.

political analyst · 06-10-2022 3:40pm

https://www.boards.ie/discussion/comment/119709275#Comment_119709275

But the 'somebody has to pay' attitude wouldn't be allowed in criminal cases where there is insufficient evidence for a prosecution. What evidence is there of a risk to justice having been created? Does the editor have a criminal record as a result of the case?

ohnonotgmail · 06-10-2022 4:08pm

https://www.boards.ie/discussion/comment/119709316#Comment_119709316

that isn't what the DPP said.

In response, Mr Grehan, for the DPP, said being an editor "must mean something" and the "buck must stop with a person".

political analyst · 06-10-2022 5:36pm

https://www.boards.ie/discussion/comment/119709448#Comment_119709448

But the punishment is supposed to be for a wrong that is done, not for being an editor. There's no indication that the editor authorised the publication of the offending detail.

ohnonotgmail · 06-10-2022 5:37pm

https://www.boards.ie/discussion/comment/119709834#Comment_119709834

He is responsible for what was published. that is his job.

political analyst · 06-10-2022 5:39pm

https://www.boards.ie/discussion/comment/119709840#Comment_119709840

Does the judge's minding mean that the editor has a criminal record.

ohnonotgmail · 06-10-2022 7:21pm

https://www.boards.ie/discussion/comment/119709852#Comment_119709852

Even though they were fined for criminal contempt I don't believe it counts as a criminal conviction. It doesn't in the UK

GM228 · 07-10-2022 8:32pm

https://www.boards.ie/discussion/comment/119710253#Comment_119710253

Despite the name criminal contempt of court is not an offence simpliciter in the UK, it is an offence here however and any conviction for an offence goes on your criminal record.

political analyst · 08-10-2022 7:15pm

https://www.boards.ie/discussion/comment/119714907#Comment_119714907

In this country, criminal contempt has been tried by jury in some cases. In the Ana Kriegel case, the editor of the Irish Daily Mail was summarily found guilty by the judge who heard the murder trial and fined. Does the editor have a criminal record as a result of this?

GM228 · 08-10-2022 7:41pm

https://www.boards.ie/discussion/comment/119718515#Comment_119718515

Criminal contempt trials by jury are extremely rare because there is no general right to one. All charges of criminal contempt are tried summarily, a right to trial by jury only arises in rare situations when issues of fact are disputed.

And to answer the question again, yes if you are tried and convicted of criminal contempt then yes you have a criminal record, any offence you are found guilty of is recorded on your record, it's no different to any other offence.

09-10-2022 6:15pm

The other interesting aspects of this are the continuing problems around the reform of contempt practice and the lack of legislative reform sought since at least 1994 with recommendations made then and later.

The other interesting thing is that this case reveals the embellishment made after copy was sent to the paper. The editor had put a procedure in place to monitor that so it seems to be standard procedure to embellish. I’m using the judges phrase.

I agree with OP that it’s harsh on the editor. The obvious candidates are the embellisher and the person who broke the procedure. I wonder if the absence of properly founded procedures around contempt fed into an outcome that is just harsh.

political analyst · 11-10-2022 12:16am

https://www.boards.ie/discussion/comment/119722412#Comment_119722412

I guess that the DPP and the judge believed that the editor was negligent in the way in which he handled coverage of the trial - a breach of health and safety is a possible analogy.

11-10-2022 12:29am

https://www.boards.ie/discussion/comment/119728555#Comment_119728555

I suspect that in the absence of a legislated for procedure for criminal contempt there was no process for independent investigation and establishing true culpability to then be brought to trial and given the nature of the case they needed to take strong action so they used the flawed process available and they had to put the CC where they could.

Peregrinus · 17-10-2022 2:23am

https://www.boards.ie/discussion/comment/119709834#Comment_119709834

Don't matter; as editor, he is responsible for what is published. This is exactly what "responsible" means. It's his job to arrange matters so that this kind of stuff does not get published; he didn't do his job effectively; this stuff was published; he is responsible.

Contempt of court during a criminal trial.

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