Reporting ban in alleged sexual abuse case overturned

A BLANKET ban on reporting any aspect of a case relating to alleged historical sexual abuse has been overturned following a Press challenge.
Gerard Augustine Quaile (55) from Sylvan Hill, Lisnaskea faces six counts of indecently assaulting a female on various dates between 1982 and 1985.
He was arrested as part the Fermanagh sexual abuse investigation and is the second person to be charged, although there is no connection between the respective cases or any others.
Last week Quaile appeared before Dungannon Crown Court on 30 September, where he entered not guilty pleas to all charges.
Defence lawyers raised concerns around Quaile being identified in Press after which a reporting restriction was granted. This not only banned naming him, it closed down coverage of the entire case.
On enquiry it was confirmed, “The Court ordered that no details relating to this case be published in any publication of any sort.”
Press immediately challenged this through the Office of the Lady Chief Justice, on the basis the court did not have the power to impose the order.
It was pointed out Quaile’s identity had already been published, not least at first appearance before Enniskillen Magistrates Court in August when he was returned for trial.
No application was made by the defence on that occasion.
The day after the order was granted Press were advised it had been deleted with the reason for this given as “Judicial Decision Error.”
As the case was adjourned until today (Wednesday) for further unrelated legal discussions, the issue around the reporting ban was also listed to be addressed. It was decided not to publish the deletion of the Reporting Restriction Order until the matter was fully ventilated in court.
While defence lawyers urged caution, they did not make a formal application to have the order reinstated.
Judge Brian Sherrard QC was therefore not required to issue a ruling as it was accepted the point made by Press was correct in law.
He said: “Nothing has come to my attention that would justify the court imposing any other order. If I can reassure all, errors are made with regard to these rather complex matters of reporting. This is a learning opportunity for everybody engaged in this. I reiterate the important role the Press play in these matters and the rule of law in a democratic society. I have no absence of confidence whatsoever that Press are live to their obligations under general legal principles.”
Quaile has been remanded £500 bail and a trial date has yet to be fixed.