Re O'Kelly

JurisdictionIreland
Judgment Date01 January 1974
Date01 January 1974
CourtCourt of Criminal Appeal
(C.C.A.)
In re O'Kelly

Refusal of witness to answer question at criminal trial - Contempt of court - Constitution of Ireland, 1937, Article 40, s. 6.

At the trial of an accused, a journalist was called by the prosecution as a witness to give evidence about an interview that he had had with the accused; the prosecution were relying upon this evidence to establish an admission by the accused that he was a member of an illegal organisation. In his evidence the journalist said that he had an interview with...

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25 cases
  • Cornec v Morrice and Others
    • Ireland
    • High Court
    • September 18, 2012
    ...- Whether rights confined to traditional journalists - Balancing with other public interests - Discretion of court - In re O'Kelly (1974) 108 ILTR 97 distinguished; Mahon v Keena [2009] IESC 64, [2010] 1 IR 336 applied; Goodwin v UK(App No 17488/90) (1996) 22 EHRR 123 followed and Howlin ......
  • Skeffington v Rooney
    • Ireland
    • Supreme Court
    • March 13, 1997
    ...PARTE SECRETARY OF STATE FOR THE HOME DEPT 1973 AC 388 BURMA OIL CO LTD V GOV & CO OF THE BANK OF ENGLAND 1980 AC 1090 O'KELLY, IN RE 1974 108 ILTR 97 BURKE V CENTRAL INDEPENDENT TELEVISION PLC 1994 2 IR 61 AG V MULHOLLAND 1963 2 QB 477 DEFENCE ACT 1954 CULLY V NORTHERN BANK FINANCE COR......
  • Burke v Central Independent Television Plc
    • Ireland
    • High Court
    • October 21, 1993
    ...OF CRUELTY TO CHILDREN 1978 AC171 ALFRED CROMPTON AMUSEMENT MACHINES LTD V CUSTOMS & EXCISE COMMISSIONERS NO 2 1979 AC 405 O KELLY, IN RE 108 ILTR 97 CONSTITUTION ART 40.6 DIRECTOR OF CONSUMER AFFAIRS V SUGAR DISTRIBUTORS LTD 1991 1 IR 225 MURPHY V DUBLIN CORPORATION 1972 IR 215 MARKS V B......
  • Edward Keating v Radio Telefís Éireann and Others
    • Ireland
    • Supreme Court
    • May 9, 2013
    ...v ROONEY & ANOR 1997 1 IR 22 1997 2 ILRM 56 1997/12/3669 O'BRIEN v MIN DEFENCE & ORS 1998 2 ILRM 156 1998/27/11041 O'KELLY, IN RE 1974 108 ILTR 97 BURKE v CENTRAL INDEPENDENT TELEVISION PLC 1994 2 IR 61 1994 2 ILRM 161 1994/1/133 STAFFORD v REVENUE CMSRS UNREP SUPREME 27.3.1996 1998/31/1......
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1 books & journal articles
  • A Privilege Worthy of Protection: Journalists and their Sources
    • Ireland
    • Trinity College Law Review No. XIV-2011, January 2011
    • January 1, 2011
    ...criticism of Government policy, shall not be used to undermine public order or morality or the authority of the State. 65 Re O'Kelly (1974) 108 ILTR 97. 66 (1974) 108 ILTR 97, at 101. privilege. Given that Re O'Kelly made such a clear assertion that no journalistic privilege existed under I......