€70,000 privacy award after leak to media

In Dublin, the High Court has awarded a family a total of €70,000 after it ruled their constitutional rights to privacy was breached by the State following police leaks to the media.

The Grays family had sued the State claiming that the gardaí had leaked information to a local newspaper that a convicted sex offender, their nephew James O'Donoghue, was staying in their house.

During the case the family, who had moved to Kerry from Dublin, said that they had been shunned by locals after newspaper reports in the Kerryman, the Star, and Examiner. They were forced to move back to Dublin.

The local newspaper, the Kerryman, broke the story in 1999. At the case, Conor Keane, the Kerryman's chief reporter at the time of publication, said his original source was an anonymous tip-off, but would not talk about whether he had talked to local gardaí, as he said, "As a journalist I have a duty to protect my sources". Keane now works for the Irish Examiner.

The Kerryman article did not name the family or the sex offender, or give their address. While it stated that the police were not commenting, it went on to say "Local gardaí are believed to be very anxious about the presence of the man and have taken the precaution of informing people living in the immediate vicinity".

Phyllis Gray was awarded €50,000,her husband Alan €15,000, and their son Francis €50,000.

MORE:

• Rapist’s family win damages for garda leak
  Irish Examiner, 18 Jan, 2007
• Journalist refuses to give source
  Irish Times, Dec 8, 2006 (sub req)
• Estate relieved at departure of convicted rapist
  Irish Times, Apr 17, 99 (sub req)