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06/10/2011
Journalist Wins Defamation Case
A journalist and broadcaster has been awarded tens of thousands of euros in legal costs after successfully defending a defamation claim.
Journalist Sam Smyth was accused of defaming County Tipperray TD, Michael Lowry during TV3's Tonight with Vincent Browne programme and in an Irish Independent article.
The case centres on comments made by Mr Smyth about Mr Lowry’s finances and the McCrackens and Moriarty tribunals.
Judge Heneghan ruled Mr Smyth was entitled to his costs and refused to sign a declaration that said Mr Smyth was guilty of defamation.
Lowry, of Holy Cross Thurles, claimed the article and a comment by Smyth that he had been "caught with his hand in the till" suggested he was a thief, a corrupt politician, dishonest, untrustworthy and unfit to have been a Minister and a TD.
Meanwhile Smyth, of The Gasworks, Barrow Street, Dublin, had stood over his comments and argued in court they were true and based on his honest opinion and constituted fair and reasonable publication in matters of public interest.
The Background
The McCracken Tribunal which was set up by the Bruton Government in February 1997 to investigate reports of secret payments by Ben Dunne to former Taoiseach, Charles Haughey and former cabinet Minister Lowry.
The Tribunal heard evidence in July 1997 and produced a 100-page report the following month. This report found that Haughey had given untrue evidence under oath and that Lowry was knowingly assisted by Dunne in evading tax.
As a result of the findings and revelation of substantial funds in secret Ansbacher accounts owned by Haughey the new Ahern Government established a more extensive follow-up, the Moriarty Tribunal to investigate the financial affairs of the two politicians.
The Moriarty Tribunal was an Irish Public inquiry also established in 1997. The investigation took a look at the financial affairs of politicians Charles Haughey and Michael Lowry.
It revealed significant tax evasion by these and other politicians and leading businessmen.
As a consequence, the tax authorities have recovered millions of euro in settlements and penalties from many individuals.
(LB/CD)
Journalist Sam Smyth was accused of defaming County Tipperray TD, Michael Lowry during TV3's Tonight with Vincent Browne programme and in an Irish Independent article.
The case centres on comments made by Mr Smyth about Mr Lowry’s finances and the McCrackens and Moriarty tribunals.
Judge Heneghan ruled Mr Smyth was entitled to his costs and refused to sign a declaration that said Mr Smyth was guilty of defamation.
Lowry, of Holy Cross Thurles, claimed the article and a comment by Smyth that he had been "caught with his hand in the till" suggested he was a thief, a corrupt politician, dishonest, untrustworthy and unfit to have been a Minister and a TD.
Meanwhile Smyth, of The Gasworks, Barrow Street, Dublin, had stood over his comments and argued in court they were true and based on his honest opinion and constituted fair and reasonable publication in matters of public interest.
The Background
The McCracken Tribunal which was set up by the Bruton Government in February 1997 to investigate reports of secret payments by Ben Dunne to former Taoiseach, Charles Haughey and former cabinet Minister Lowry.
The Tribunal heard evidence in July 1997 and produced a 100-page report the following month. This report found that Haughey had given untrue evidence under oath and that Lowry was knowingly assisted by Dunne in evading tax.
As a result of the findings and revelation of substantial funds in secret Ansbacher accounts owned by Haughey the new Ahern Government established a more extensive follow-up, the Moriarty Tribunal to investigate the financial affairs of the two politicians.
The Moriarty Tribunal was an Irish Public inquiry also established in 1997. The investigation took a look at the financial affairs of politicians Charles Haughey and Michael Lowry.
It revealed significant tax evasion by these and other politicians and leading businessmen.
As a consequence, the tax authorities have recovered millions of euro in settlements and penalties from many individuals.
(LB/CD)
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