Closing Threads because issue is before the Courts

blanch152

I have noticed that a lot of threads get closed on the basis that the issue is before the Courts. I am wondering what is the basis for this.

Where there are jury trials i.e. in the case of certain criminal cases and libel cases, I can understand the prohibitions because of the risk of tainting the jury and in line with instructions from judges in those cases.

However, I do not understand how or why all other cases should result in threads being closed just because an issue is before the courts.

If a case is before the Special Criminal Court (e.g. gangster and IRA cases), there is no jury.

If a case is a constitutional issue or an injunction before the High Court or the Supreme Court, there is no jury.

If the case is a minor criminal one before the District Court, of sometimes the Circuit Court, there is no jury.

In fact the Constitution provides that "Justice shall be administered in courts established by law by
judges appointed in the manner provided by this Constitution,
and, save in such special and limited cases as may be
prescribed by law, shall be administered in public. "

Given that the courts should be administered in public according to the Constitution, why can't there be public discourse on matters before the Court?

hullaballoo

There's a general direction at admin level that once something is before the Courts, it should be closed. It is intended to cover as you rightly point out criminal trials where there is a risk of tainting a jury member.

I don't think there's a widespread practice of closing cases about civil trials or non jury criminal trials but if there is, we can address it.

blanch152

hullaballoo wrote: »

There's a general direction at admin level that once something is before the Courts, it should be closed. It is intended to cover as you rightly point out criminal trials where there is a risk of tainting a jury member.

I don't think there's a widespread practice of closing cases about civil trials or non jury criminal trials but if there is, we can address it.

https://www.boards.ie/vbulletin/showthread.php?t=2058195921

This is an example of a thread recently closed because the issue is before a non-jury court.

https://www.boards.ie/vbulletin/showthread.php?t=2058016143&page=90

Here is another one on a topic before the non-jury SCC.

That's two this month. Now there may well be other good reasons for closing those threads, but the reason given was that they were before the courts, but neither involved a jury.

P.S. Don't take this as criticism of the mods, I just think we need to be clear on this.

Overheal

the issue is before a non-jury court

Here is another one on a topic before the non-jury SCC.

There is no possibility the proceedings can move to a jury deliberation, such as in the case of appeal?

blanch152

https://www.boards.ie/discussion/comment/117509178#Comment_117509178

There is a thread about Paddy Cosgrave that was closed in recent days because he is involved in a civil case.

There may well be other good reasons for closing that thread - some of the contributions were far from stellar and would end up more trouble than its worth for the mods - but the reason given was that it related to a civil case before the courts.

EmmetSpiceland

https://www.boards.ie/discussion/comment/118243849#Comment_118243849

Does that mean we can’t discuss the story of him, severely, bullying employees or his “doxxing” of Twitter users, B?

My understanding was that the case against him was taken by former company partners?

Beasty

There was a lot of potentially defamatory comment in the thread. Equally given the court case I have no idea as to how airing issues here, which may be true or may be false, could impact

blanch152

https://www.boards.ie/discussion/comment/118244819#Comment_118244819

Fully with you on the potentially defamatory comment in the thread, but the same commentary on the trial is allowed in newspapers and other online fora, because it is judge-led rather than jury-led. The judicial community expects (rightly or wrongly) that judges are less susceptible to influence than juries.

Beasty

The particular problem we face at present is we have virtually zero legal backup at Admin level. I am trying to deal with issues across the site as well as modding it's two busiest forums. If someone reports stuff we will look, but then we have to make a judgement, possibly a legal one. We had reports and I decided it was in the best interests of the site (particularly given the litigious nature of the individuals involved) to curtail discussion