Irish Times - Do not publish

[rockofcashel]

I was just browsing MSN news and there is a piece of the Irish Times website with a large "Do not publish" banner across the top of the page.. but looks like its too late

Why are they pulling the following article from publishing ?

Do not publish -  Irish - MSN News

Just in case it does get pulled.. here's what it says

By CAROL COULTER Legal Affairs Editor, The Irish Times – Irish News, Business News, Sports News & Ireland Weather Online, Updated: 23/02/2010
Do not publish

Irish Times Latest News

Irish Times Latest News

It is "unlawful" for anyone not directly connected with a case to attempt to influence the DPP or a member of the Garda Síochána seeking to influence the taking of a prosecution.

However, while it is unlawful under the 1974 Prosecutions of Offences Act, it is not a criminal offence to do so, and the Act seems designed to protect gardaí and officials in the DPP's offices from such approaches, rather than punish the person making them. The Act does not contain any penalty for the making of representations about prosecutions.

The law appears to have been designed to protect politicians from being asked to make requests on behalf of constituents seeking to have prosecutions either dropped or initiated.

Some years ago the DPP, James Hamilton wrote to the then ceann comhairle and the leader of the Seanad drawing their attention to this section of the Act, and asking them to draw it to the attention of members of the Oireachtas.

The 1974 Act states: "It shall not be lawful to communicate with [the Attorney General, the DPP, a member of the Garda Síochána or a solicitor acting on their behalf] for the purpose of influencing [the] making of a decision to withdraw or not to initiate criminal proceedings or any particular charge in criminal proceedings."

It continues that if anyone in such an official capacity becomes aware of such a communication, it is their duty not to entertain it further. However, either the defendant, the complainant, a member of their family, their lawyer or medical adviser may communicate with the gardaí or the office of the DPP on their behalf.

Trevor Sargent was clearly not acting in any such capacity when he wrote to the Balbriggan garda. His communication was therefore unlawful under the Act and under the same Act the garda in question was obliged to ignore it, and should have informed Mr Sargent that making such a request was, in itself, unlawful.

There is a procedure in the DPP's office for dealing with such communications, whereby they all go to a separate section within the office, and they are not even seen by the DPP or the official dealing with the case, according to the DPP. James Hamilton told The Irish Times the author of such communication is written to and informed of the relevant section of the Act, and the fact that such a communication is unlawful.

In addition to this Act, there is a common law (non-statutory) offence of perverting the course of justice, which carries a term of imprisonment up to life, though those convicted have usually received sentences in low single figures.

As it is a common law offence, it is difficult to be exhaustive about how and when it arises, but it includes knowingly making a false statement in the course of an investigation, fabricating or destroying evidence, or using threats or inducements to influence a witness or a member of the Garda Síochána. None of these arise in this case.

What did occur, however, was an attempt to influence the course of an investigation and prosecution which was unlawful and, at best, unwise.

The last time a Minister of State attempted to influence the outcome of a criminal case was when Bobby Molloy, contacted a judge hearing a rape case to enquire whether he had received a letter from the brother of the accused.

The approach was not illegal, but it was highly inappropriate, and Mr Molloy apologised to Mr Justice Philip O'Sullivan, to the Central Criminal Court and to the victim for the contact. This was not enough, however, and he then resigned.

Anyone see anything funny in that article ?

[BrendanGalway]

Seems a bit half-arsed, no? "The Act seems designed to protect gardaí and officials in the DPP's offices from such approaches, rather than punish the person making them."

Is it a case that once this legislation had teeth but was neutered by the time it was voted in? So as to allow for TDs, Councillors etc to make representations to the Gardai but not suffer any sanctions for doing so.

[Dialasceptic]

It's a briefing document for the editorial team not an article.

[KingKane]

It might be a draft in response to what has happened today but that there will be a revised and more detailed previous that will go to print. Hence this version won't see print but another longer one might.