NNI Statement

Article 34 of the Constitution, which governs the establishment and administration of the Courts, provides in its opening lines that justice shall be administered in public. That is the very first obligation placed on the Courts and the system of justice in deciding how we provide for the regulation and conduct of society.

NNI is very conscious of the difficulties that can be encountered by all the parties involved in criminal prosecutions. All crimes especially murders are heinous and sordid and run in the face of morality and ordered society. They are particularly difficult for the victims (and in the case of murder, their families), accused persons, prosecutors, judges and legal representatives. Those who are not involved professionally do not wish to be there.

The coverage of any crime and its prosecution does not start in the Courthouse but rather at the time the crime was committed. It is the function of media in a democratic state to report crimes and the circumstances surrounding them. In this country, and every country has its own practices, there has been a long tradition of reporting on the conduct of all parties in any trial.

We do not accept that any witness in a case, other than as directed by a Court for good reason or as prescribed by law, can or should be brought into Court by the Gardai by stealth.

In Ireland we do not have televised Courts – unlike the USA and some European states – which makes the reporting function provided by the media to the public all the more important especailly that of identifying and representing the visage and face of a witness. We do not deny that being caught up wittingly or unwittingly in a serious trial, especially a murder case, is unpleasant but unfortunately society is imperfect, citizens commit crimes and media has a right and a duty to report on such matters.

There have been many legal developments concerning Court reporting. Mr Justice Keane and Ms. Justice Denham in the various media v Attorney General and Judge Murphy case concerning the reporting of major drugs trial said :-

‘the reality is that most people learn matters before the Court from Press and so any curtailment of the Press must be viewed as a curtailment of the access of the people to the administration of justice and must be looked at carefully.

‘the media are the eyes and ears of the public in modern society and the odinary citizen is almost entirely dependent on the media for his knowledge of what goes on in Court’

NNI belive that whilst ours is a media perspective, it is a perfectly legitimate perspective as to how we seek to report issues relevant and central to any case. In the Lillis trial – Ms. Treacy was dealt with differently to any other witness for the prosecution or the defense.

The DPP decided she was an essential witness for the prosecution as were others but she was accorded special treatment without apparent legal juridiction , sanction or authority.

NNI looks forward to discussing these issues with the Garda Commissioner at our forthcoming meeting.

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