Defamation action taken against Denis O’Brien by two solicitors opens at High Court

High Court Reporters

Two lawyers claim they suffered an “unjustified attack” on their reputations in a press release issued on behalf of billionaire businessman Denis O’Brien, the High Court has heard.

Darragh Mackin and Gavin Booth, solicitors with Belfast human rights firm Phoenix Law, claim Mr O’Brien defamed them in the press statement, issued in response to a report on the concentration of media ownership in Ireland.

Mr Mackin and Mr Booth allege the press statement implied they acted for and received payment from the IRA and were unprofessional and lacked integrity.

They claim they were defamed by a sentence in the October 26th, 2016, statement that said: “Sinn Féin/IRA certainly got the report they paid for”.

The statement was released on September 26th, 2016 on behalf of Mr O’Brien by his spokesman James Morrissey, also a defendant in the case.

The defendants deny the material defamed the plaintiffs or means what the plaintiffs allege.

Mr O’Brien, who used to hold substantial stakes in radio and print media companies, and Mr Morrissey have advanced defences of truth and honest opinion, and fair and reasonable publication in a public interest matter.

A trial hearing into the case opened on Wednesday before Mr Justice Tony O’Connor and a jury of nine men and three women. Mr Mackin, Mr Booth, Mr O’Brien and Mr Morrissey were present in court.

Opening the solicitors’ case, Tom Hogan SC, appearing with barrister Conleth Fegan, and instructed by Johnsons Solicitors, said that his client had spent years building substantial reputations as human rights lawyers.

Mr Hogan said the essence of the case is about the vindication of the solicitors’ reputations, following what they believe to be an unjustified attack by Mr O’Brien and Mr Morrisey on their reputations.

Mr Hogan said his side believe the words complained of mean that Mr Mackin and Mr Booth received payment and acted for the IRA, an unlawful organisation.

Further to this, Mr Hogan said his side assert the words mean the solicitors weren’t acting in line with their professional obligations, lacked integrity, are unfit to be solicitors, and that they were unprofessional and dishonourable.

He told the jury that ultimately, they must decide the meaning of the words.

Noting the IRA’s role in “shocking atrocities” during The Troubles in Northern Ireland, Mr Hogan said it “almost goes without saying” that suggesting someone was paid by or acted for the IRA is defamatory. He added that this will ultimately be a matter for the jury.

Mr Hogan explained the report on Irish media concentration – which preceded Mr O’Brien’s statement – was commissioned by Lynn Boylan, then an MEP for Sinn Féin. Mr Mackin and Mr Booth authored the report alongside human rights barristers Caoilfhionn Gallagher KC and Jonathan Price KC, Mr Hogan said.

Mr Hogan said it was fair to say the report was critical of Mr O’Brien’s ownership of media in Ireland, among other things.

At the time of the report, Mr O’Brien was the largest shareholder in the Independent News and Media group, publisher of the Irish Independent and Belfast Telegraph, among other titles, Mr Hogan said.

In addition, Mr O’Brien’s Communicorp company owned Newstalk and Today FM, among other regional titles, Mr Hogan said.

The case continues.