€300,000 damages awarded for slander by Murphy

A self-employed contractor who sued businessman Joseph Murphy for slander has been awarded €300,000 damages by a jury in the …

A self-employed contractor who sued businessman Joseph Murphy for slander has been awarded €300,000 damages by a jury in the High Court.

It took the jury 3 and-a-half hours to reach a majority verdict that the words uttered by Joseph Murphy in a packed pub in Leitrim six years ago meant that Michael McManus was responsible for or involved in an arson where two excavators were destroyed in a quarry in Arigna.

Outside court Mr McManus said his good name had been restored and he said he was very happy with the €300,000 award.

Mr McManus, Mulberry Park, Ballinoade, Co Sligo, had sued the businessman, who has a London address and is a director of Joseph Murphy Structural Engineering (JMSE), over comments by Mr Murphy in Flynn's pub in Arigna, Co Leitrim, six years ago.

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The comments were made to Mr McManus's brother Eoin in a pub where about 30 people had gathered after a funeral.

Mr McManus had claimed the words related to a fire at Hillside Quarries, Arigna, in August 2000 when two excavator machines were destroyed.

In the High Court yesterday, the jury decided that the words "It was your brother Michael . . . the buck in Sligo . . . I will catch up with him" and later, in another exchange with Eoin McManus: "Eoin, we know that you or your missus had nothing to do with burning them machines. Would you accept an apology from me. Your brother Michael had . . . the buck in Sligo. I know it was him done it," were spoken.

The jury also decided that the words had been published to third parties and were understood by people in the pub to mean Michael McManus was responsible for or involved in arson.

In evidence Mr Murphy had said he did not say the words and he denied the claims.

Counsel for Mr Murphy, Hugh Mohan SC, indicated that he would at a later stage apply to the court for a stay on the award pending an appeal.

In his charge to the jury, Mr Justice Éamon de Valera told the jurors that if they decided there had been a slander and were assessing damages he reminded them that very large figures have gone to the Supreme Court on appeal and been reduced. He told the jurors they had to exercise proportion and balance if assessing damages.

On Thursday, Mr Murphy's counsel submitted that the action was "a poor attempt at bad blackmail".

Mr Mohan said that apart from one witness, no one else had given supporting testimony to Mr McManus's case.

It was alleged during the case that Mr Murphy later phoned Mr McManus in relation to the alleged remarks some weeks afterwards and had said he would be the first to admit "where he was wrong" and had also said it was "the drink talking" that night.

In closing the case for Mr McManus on Wednesday, Éanna Mulloy SC said there would have been no telephone call from Mr Murphy to Michael McManus unless he was conscious that he had had a tongue which was "regretfully too loose" and that serious allegations had been unleashed.