Queen v Clarke (Michael Patrick) and McStravick (Stephen Paul) Ruling No. 1: Discharge of Jury
| Jurisdiction | Northern Ireland |
| Judge | McCloskey J |
| Judgment Date | 08 January 2010 |
| Neutral Citation | [2010] NICC 10 |
| Court | Crown Court (Northern Ireland) |
| Date | 08 January 2010 |
1
Neutral Citation No. [2010] NICC 10 Ref:
McCL7712
Judgment: approved by the Court for handing down Delivered:
08/01/10
(subject to editorial corrections)*
IN THE CROWN COURT IN NORTHERN IRELAND
________
[BELFAST]
________
THE QUEEN –v- MICHAEL PATRICK CLARKE
and
STEPHEN PAUL McSTRAVICK
________
RULING NO. 1: DISCHARGE OF JURY
________
McCLOSKEY J
I REPORTING RESTRICTIONS
[1] Section 4(2) of the Contempt of Court Act 1981 provides:
“In any such proceedings the court may, where it appears
to be necessary for avoiding a substantial risk of prejudice
to the administration of justice in those proceedings, or in
any other proceedings pending or imminent, order that the
publication of any report of the proceedings, or any part of
the proceedings, be postponed for such period as the court
thinks necessary for that purpose.”
I consider that any report of the hearings to which this discrete ruling relates
(conducted on 7th and 8th January 2010) or any report of this ruling could potentially
jeopardise the fairness of the Defendants’ trial, with the result that the test enshrined
in Section 4(2) is, in my view, satisfied. Accordingly, I make a reporting restrictions
order relating to (a) the aforementioned hearings and (b) this ruling, to the effect
that publication of both will be postponed until delivery of the jury verdict herein or
further order.
II THE ISSUE
[2] The Defendants are jointly charged with the six offences specified in the Bill
of Indictment. These consist of one count of robbery, three counts of false
imprisonment and two counts of kidnapping. All of the offences are alleged to have
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