Mr Corcoran appealed the High Court’s findings against him to the COA.
Following a tip-off, Mr Corcoran claimed he arrived at the scene of the property in Roscommon, where several vehicles were on fire, before gardaí and fire services arrived. He shot some phone footage which was put on the Democrat’s website. The judge said An Garda Síochána can apply, in certain circumstances, to a District Court judge for a search warrant of a journalist’s home or place of work, once minimum safeguards identified are observed.
A review and balancing of the rights after a warrant has issued and executed “is not compliant with the requirements of the Constitution.” the judge said. Had that judge been given that information, he may well have decided that the material captured by the warrant was not subject to privilege or that if it was, the circumstances were such that that privilege did not outweigh the interest of the State in the investigation or prosecution of the offences in question.