Court upholds costs against papers over collapse of Carmody Trial

An order outlining the costs to be paid by two national newspapers guilty of printing an article which caused the collapse of the trial of a former Killaloe GP will be completed in the near future.

The Dublin Circuit Criminal Court has upheld the amount of compensation to be awarded against The Irish Times and the Irish Examiner for contempt of court arising out of reporting of the trial of Paschal Carmody.

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Pascal Carmody of Ballycuggeran, Killaloe is accused of obtaining more than €16,000 by deception from the families of two terminally ill cancer patients under the pretence that he could cure their cancer. He denies all the charges against him.

Last year, after 18 days of evidence, the trial at Ennis Circuit Court collapsed after both newspapers carried a report which contained legal argument which took place in the absence of the jury. The newspapers were judged to have been in contempt of court, although it was accepted that it was a mistake and done without malice.

They were fined €2,500 each and ordered to pay the costs of the DPP, the Courts Service and Mr Carmody, amounting to €540,000.

The newspapers had appealed the amount taxed against them which had been awarded by Clare county registrar Patrick Wallace.

However at  Dublin Circuit Court yesterday, Judge Donagh McDonagh  upheld the amount of compensation to be awarded against the papers.

Judge McDonagh said The Irish Times will pay 57% and The Irish Examiner will pay 43% of the costs,based on circulation figures published in August 2011.

He said full figures would be calculated over the next few days and the order completed in the next week or two.