Re Kennedy and McCann

• Jurisdiction: Ireland
• Court: Supreme Court
• Judgment Date: 07 July 1976
• Docket Number: [S.C. No. 142 of 1975]
• Date: 07 July 1976

(S.C.)

In re Kennedy and McCann

Scandalising the court - Rules of the Superior Courts, 1962 (S.I. No. 72), Or. 44.

The mother of two boys brought proceedings in the High Court under the Guardianship of Infants Act, 1964, and on the 6th June, 1975, that court awarded the sole custody of the boys to their father, who was a defendant in those proceedings. The proceedings, and prior proceedings of the same nature, had been heard in camera as permitted by s. 45 of the Courts (Supplemental Provisions) Act, 1961. The mother appealed to the Supreme Court. On Sunday, 13th June, 1976, while the appeal was pending, there appeared in a newspaper a biased and inaccurate account of the guardianship proceedings. The account contained offensive references to the father, and purported to give details of the breakdown of the parents' marriage, and it revealed the names and ages of the boys with their photographs and a photograph of their mother. In addition the account contained offensive comments on the treatment of such cases by Irish courts, and the direct implication that justice could not be obtained in such courts. The article containing such account was printed in breach of an order prohibiting publication. The article was written by McCann and was published while Kennedy was the editor of the newspaper. The...