RTE fined for potential prejudice of tiger kidnapping trial
RTE will have to pay a total of €40,000 to four charities in lieu of a fine for potentially prejudicing the longest running trial in the State’s history.
A retired senior member of the gardai discussed the facts of a €2.28 million “tiger kidnapping” robbery with presenter Ms Rachel English on the 'Marian Finucane Show' last July, while the 66-day trial of five accused men was ongoing.
Judge Tony Hunt accepted the broadcaster did not intend to breach the sub judice rule, which restricts media comment when court cases are ongoing or pending and at high risk of prejudice.
He further accepted RTE’s apology for “providing a platform” for retired Detective Inspector Brian Sherry’s comments, which he noted contained “an element of malice”.
The judge said Mr Sherry was a “bad choice” of contributor on that show and that the platform provided by RTE “shouldn’t be flagrantly abused in this manner.”
Mr David Keane SC, for RTE, said he wished to renew the apologies expressed last July and stressed that there had been an “absence of deliberate intent” on his client’s side.
Judge Hunt accepted RTE took full responsibility and removed the programme from the internet soon after the issue was raised in court.
He ordered that RTE pay €10,000 each to The Society of St Vincent de Paul, the Simon Community, The Merchants Quay Project and the Peter McVerry Trust.
Mr Keane said his client was “happy” to express its remorse by donating to charity.
Christopher Corcoran (aged 61), of Bayside Boulevard North, Sutton; Mark Farrelly (aged 37), of Moatview Court, Priorswood; and Jason Kavanagh (aged 34), of Parslickstown Court, Ladyswell were convicted of robbing €2.28 million from Mr Paul Richardson and Securicor and falsely imprisoning the Richardson family in March 2005.
Kavanagh and Farrelly were jailed for 25 years and Corcoran, whom Judge Hunt accepted had a lesser role in the offence, was jailed for 12 years.
The trial ran to 66 days and the jury took a total of 22 hours to find the men guilty on all counts. The jurors failed to reach a verdict on two other accused.
