26/11/2008

Irish Judge Issues 'Google' Alert

In what amounts to an unprecedented 'sign of the times', an Irish judge has warned a trail jury not to access the Internet for information during the trial he is conducting.

Judge Sean O Donnabhain warned them to stay free of any form of outside influences and "not Google things" during the trial.

Google is one of the best-known international Internet search engines and can be used to access articles and information on people, places and events across the globe.

The jury at Limerick Circuit Criminal Court was told that it was very important at all stages of a trial "to keep yourself free from outside influences".

In what barristers believe is the first warning of its kind in an Irish court, the judge issued the edict to a jury of six men and six women.

"You shouldn't bother with reading accounts, newspapers or, if it is TV, ignore it. At all times you must be aware you are making your decision on evidence given in court," the judge said.

The move raises interesting points for journalists or those involved in media law as it relates to the matter of contempt, especially as most newspapers now have an Internet presence with many of their 'print' stories being readily available.

This information could include archive material where - for example - a police appeal may have been made about the whereabouts of a suspect, including descriptions, often months prior to the case coming to court.

Should a matter of identification be involved in the evidence for example, the difficulty is that a jury could be influenced by such descriptions, rather than simply listening to the evidence outlined in the courtroom.

Yesterday was the second day of evidence and Judge O Donnabhain concluded the hearing with his general media warning to the jury.

He was anxious that the jury shouldn't 'Google' anything about the accused - or the circumstances of the case - against Liam 'Baby' Kelly, 21, of Distillery View, Limerick, who earlier pleaded not guilty to a charge of possession of a firearm with intent to endanger life.

The court heard from Detective Gardaí Senan O'Sullivan who gave evidence of arresting the defendant at the home of his girlfriend's sister in Oliver Plunkett Street, St Mary's Park at 3.05am on September 23, 2007.

Det O'Sullivan said Kelly was underneath a bed, which had two children in it, when he found him in an upstairs bedroom of the house. When questioned by gardaí, Kelly said he was looking for something.

The trial is expected to conclude today.

(BMcC/KMcA)

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