TV3 AGREED before the High Court yesterday not to broadcast last night an episode of its series Cocaine Warsafter a prisoner sought an injunction claiming programmes in the series breached his right to a fair trial.
Brian Rattigan (29), Cooley Road, Drimnagh, Dublin, is facing trial next October on charges relating to the alleged supply of €1 million worth of heroin and with having two mobile phones in his prison cell.
On Monday, the High Court granted lawyers for Rattigan permission to serve short notice on TV3 of his application for an order restraining broadcast of an episode in the series, scheduled for transmission last night.
When the case came before the president of the High Court, Mr Justice Nicholas Kearns, yesterday, Brendan Grehan SC, for Rattigan, said TV3 had undertaken not to broadcast last night’s episode and not to rebroadcast two previous episodes.
Garrett Cooney SC, for TV3, said it was delaying the broadcast until it had time to respond to Rattigan’s court proceedings. The station insisted there was no contempt of court in relation to Rattigan’s forthcoming trial but had decided not to broadcast at this stage so as to co-operate with the High Court, Mr Cooney added.
TV3 has also agreed to provide Rattigan’s lawyers with copies of last night’s episode and of the two previous episodes complained of, on an undertaking the contents will not be disclosed except to lawyers for the purpose of making submissions to court.
Rattigan’s lawyers had also exhibited, as part of the High Court proceedings, the book of evidence against him in his forthcoming trial, on the undertaking that TV3 would not disseminate its contents, the judge was told.
Mr Justice Kearns stressed the court had been available to facilitate the sides in the matter and he wanted to make it clear the parties themselves had agreed the programme rescheduling. He agreed to adjourn the matter to Friday.
The court was told on Monday that Rattigan was alleged to have controlled the distribution of €1 million worth of heroin allegedly found in a house in Walkinstown, Dublin, on May 21st, 2008. He is also accused of having two mobile phones in his Portlaoise Prison cell the next day.
The first of the two programmes in the Cocaine Warsseries already broadcast dealt with the murder of Declan Gavin, of which Rattigan was convicted. He is appealing that conviction.
Rattigan alleges he is portrayed in the second programme by an actor as speaking on a mobile phone and directing criminal activities. He has also expressed concern the remaining programmes will continue to depict him in this way on matters which a jury will have to deal with.
In reply to Rattigan’s solicitor, TV3 had stated there was “no direct reference to your client” in relation to his forthcoming trial in the remaining two episodes.
