sub judice rule

Carawaystick

Does the sub judice rule cover a person making a submission to a state body?
If one were to make a hypothetical submission to state body and refer to a person going to trial who had been convicted previously?

The state body is not in anyway connected to the events of the trial.

I was thinking the fact submissions may be made public under FOI might cause an issue?

Tom Young

Snipped from a previous post of mine:

Sub Judice means under judicial consideration or not yet decided. Generally media comment on cases sub judice is prohibited. This is because the jury should only reach verdict by virtue of envidence admitted in/during trial See. In re MM and HM [1933] IR 299 or Kelly v. O'Neill [2000] 1 ILRM 507, per Denham J. Irish Times published details of previous convictions which has not featured in the trial.

Test as laid out by Keane CJ:
'[c]ontempt of court is committed ...when a person publishes material which is calculated to interfere with the course of justice; it is not a necessary ingredient of the offence that it results in such an interference' it goes on ....

Issue of Sub Judice under appeal was covered off in Cullen v. Tobin [1984] ILRM 577. Plaintiff convicted with murder and malicious damage in the Central Criminal Court. Pending his appeal to the Court of Criminal Appeal, his alleged accomplice agreed with the defendants to publish an account of her relationship with the plaintiff, including the events that were the subject of his trial. An injunction restraining publication was discharged by the SC because per O'Higgins CJ: The Court of Criminal Appeal will be asked to consider pure questions of law relative to the appeal. It cannot be suggested that in considering such questions, publication of this or any number of articles in any number of periodicals would have the slightest effect on the objective consideration of legal arguments.

In Kelly v. O'Neill, Denham J. recognises the fundamental balance between Freedom of Expression and the administration of justice. Stating that FOE is not an absolute right under the constitution. The case of Sunday Time v. UK and discussions on the ECHR Article 10 are worth a gander.

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In relation to the matter at hand, one should carefully consider the role of the administrative body and natural justice in advance of making submissions. If a matter is clearly on 'all fours' before a court then submissions should only be made to reflect that position. "Matter is before the courts etc ..."

Tom

EDIT - 2010: FOE = Freedom of Expression.