17 May 12 | Index Index, minipost, United Kingdom
A contempt of court charge brought against former NI Secretary Peter Hain regarding criticisms he made of a judge in Northern Ireland has been dropped. Hain had written to Attorney General John Larkin about the remarks, stressing he never intended to question Lord Justice Paul Girvan’s motivation in handling a judicial review. Larkin said the case against Mr Hain — who had faced a charge of “scandalising a judge” despite doubts from his lawyers over the existence of the offence — no longer needed to continue.
13 Apr 12 | Index Index, minipost, United Kingdom
A man from County Antrim, Northern Ireland, was fined £250 for writing “Kill all Taigs” — a pejorative term for Catholics — and “Fuck The Pope” on social networking site Facebook on his 21st birthday last August. Dean Boyd admitted to police that he should not have posted the message — which he removed 20 minutes after doing so — but said it had only been intended for his friends and he had not intended to trigger hatred, the prosecution told Coleraine magistrates’ court. It is the first case of its kind in Northern Ireland involving sectarian abuse on a social networking site.
02 Apr 12 | Academic Freedom, News and features
As a crucial legal battle comes to a head, Anthony McIntyre explores the contempt for academic research and protection of confidential sources behind the courtroom drama (more…)
28 Mar 12 | Uncategorized
News that Peter Hain MP may face contempt of court charges in Northern Ireland is disturbing, but sadly not especially surprising.
Post-GFA Northern Ireland does not have a notably good record on free speech and privacy. Journalists such as Suzanne Breen and Henry McDonald have been put under pressure to reveal their sources, and MP Ian Paisley Junior has faced contempt charges after refusing to divulge confidential correspondence with a constituent.
Hain is facing prosecution under common law contempt charges for, essentially, being rude about a judge. In his memoir published earlier this year, the former Secretary of State for Northern Ireland and Wales described Lord Justice Girvan as acting as if he was “off his rocker” in a 2006 ruling.
The Attorney General of Northern Ireland is now pursuing Hain and his publisher Biteback publishing (run by Iain Dale) for contempt, claiming Hain’s comments “constitute unwarranted abuse of a judge in his judicial capacity that undermines the administration of justice in this jurisdiction, and consequently constitute a contempt of court” .
Essentially the suggestion is that we should not criticise judges, lest we shatter the faith of the wider community in the courts. Leave aside the obvious fact that Northern Ireland’s courts are not exactly seen as citadels of justice by many people in the country, and we’re still left with the notion that a branch of the state should be beyond criticism. This is a dangerous idea, and an absurd move by the Attorney General. No matter what your political allegiance, it is vital that Hain and Dail are supported.
