Editor loses case against gardaí examining his phone

A NEWSPAPER editor has lost a High Court bid to prevent gardaí examining the contents of his mobile phone, on which he recorded the Strokestown eviction.

Emmett Corcoran had said he would not give gardaí the password to his phone, in order to protect his sources.

Judge Garrett Simons said the case raised important issues of principle in relation to freedom of expression, and the protection of journalistic sources.

The judge said it appeared Mr Corcoran, journalist and editor with the monthly mid-west newspaper The Democrat, had travelled to Falsk in Strokestown, Co. Roscommon, in the early hours of December 16, 2018. A family had recently been evicted from a house there, and gardaí alleged a group of approximately 30 men attacked eight security men with weapons and a gun, injuring three of them.

A number of vehicles were also set alight and criminal trials for a number of those people allegedly involved are pending.

Mr Corcoran recorded the scene on his phone, and took a number of photographs. He gave copies of these to gardaí, but refused to hand over his phone, claiming journalistic privilege. Gardaí obtained a warrant and his mobile phone was seized but Mr Corcoran took a case restraining the gardaí from examining the phone.

Yesterday Judge Simons concluded Mr Corcoran could not resist the very limited examination of the content of the journalist’s phone sought by the gardaí. He said ‘the public interest in the protection of journalistic sources’ was ‘outweighed by the countervailing public interest’ in ensuring relevant evidence was available in the pending criminal proceedings.