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Gardaí failed to inform District Court that journalistic privilege had been claimed in response to search warrant
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Supreme Court dismisses appeal from Court of Appeal, and affirms order quashing search warrants issued by the District Court concerning the dwelling of a newspaper editor and a newspaper premises, on the grounds that the District Court had not been informed by An Garda Siochana that journalistic privilege had been claimed, and that he would have been entitled to refuse to make the order sought.
Repossession of property - court order - security personnel - attack by masked and armed people - damage to property - search warrants - home of newspaper editor - premises of newspaper - s. 10 of the Criminal Justice (Miscellaneous Provisions) Act 1997 - whether parties in possession of information that might assist Gardai in investigation - claim of journalistic privilege - photos and videos on editor's mobile phone - interview by Gardai - offer to make material available - refusal to reveal sources - judicial review of warrant - whether Gardai had acted lawfully in invoking procedure under 1997 Act - whether journalistic privilege could be invoked at time of warrant's issue - procedure set down by High Court for inspecting phone - whether there was an existing public interest that overrode journalistic privilege - whether District Court could carry out the necessary balancing exercise - Article 10, ECHR - whether journalistic privilege had constitutional protection - no saver in legislation concerning privilege.
Judgments also by Collins J and O'Donnell CJ.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
