Pubdate: Sat, 25 September 1999  
Source: Irish Independent (Ireland)
Copyright: Independent Newspapers (Ireland) Ltd
Contact:  http://www.independent.ie/
Author: Tim Healy

CONTEMPT QUESTION BRINGS DRUG TRIAL TO HALT

The drugs trial of a former model was dramatically suspended yesterday after
her lawyers sought to have a Sunday newspaper cited for contempt of court.

Samantha Blandford Hutton (31) is fighting a charge of having cocaine for
supply in Jury's Towers Hotel, Dublin, on December 2, 1997. The trial took
place over two days earlier this year and was adjourned until yesterday
after the State had completed its case against her.

However, Ms Hutton's lawyer said he had to bring to the court's attention an
article in Ireland on Sunday last week.

Barrister Alan Toal said the article represented contempt of court as the
proceedings against Ms Hutton were sub judice. Most seriously, said Mr Toal,
the article claimed that she was an associate of Brian Meehan who was
convicted this year of murdering journalist Veronica Guerin.

"She has never known Brian Meehan and would not if he stood up on front of
her," Mr Toal said. The article "could never have been more contemptible of
this court and prejudicial to the rights of my client it is scurrilous."

ANSWER

Mr Toal said it was his duty to bring the matter to the attention of the
court and to seek the publisher and the author, John Mooney, to be brought
before the court to answer for contempt.

If the district court judge was not prepared to find with him, he was
seeking an adjournment so that he could take the matter to the High Court.

Judge Murrough Connellan, who has heard two days' of evidence, said he was
totally unaware of the article before the defence brought it to his attention.

He believed, however, that as he was a judge sitting alone without a jury
that he could still hear the case regardless of the content of the article.

He adjourned the court so that he could study the article to see if there
was contempt. When he resumed, he told Mr Toal that he still felt that he
could arrive at a just decision even if one was to suppose the article was
in contempt. "I find no prejudice to the defendant and accordingly I do not
find a contempt of court," he said.

When Mr Toal then said he was also seeking an adjournment because the
article stated the incorrect amount of a cocaine Ms Hutton was alleged to
have had, Judge Connellan said he would grant an adjournment on that basis.

The court heard the application for contempt would not be made until High
Court terms starts next month. The case was therefore adjourned to October 15. 

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