'Ireland's Nazis' case to be heard day before broadcast

Proceedings by the widow of the late educational publisher Albert Folens aimed at restraining RTÉ from using an interview with…

Proceedings by the widow of the late educational publisher Albert Folens aimed at restraining RTÉ from using an interview with her husband in a television programme titled "Ireland's Nazis", which is scheduled for screening on Tuesday, will be heard in the High Court on Monday.

Juliette Folens, whose 86-year- old husband died four years ago, was granted an interim injunction on Thursday restraining RTÉ, the film production company Tile Films Ltd and journalist Senan Molony from using material in an interview which her husband gave to Mr Molony 20 years ago when Mr Molony was working for the Sunday Tribune.

In court yesterday, Michael Cush SC, for Ms Folens, asked that the case be adjourned to allow all replying affidavits to be filed.

He said the RTÉ programme was due to be broadcast on Tuesday night and the case would have to be heard before close of business on that day.

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Ms Justice Mary Laffoy adjourned the case, to be heard on Monday.

In her proceedings, Ms Folens is also seeking an order for discovery and inspection of the second and final part of the Hidden History: Ireland's Nazisdocumentary, which features her husband.

The programme is due to be broadcast on RTÉ 1.

The court has heard that the interview with Mr Folens, a Belgian national, is seven minutes long and was recorded on tape. Parts of this tape are scheduled to be featured in Tuesday night's programme.

Mr Folens founded the educational publication company Folens after he moved to Ireland following the second World War, during which he served with a Flemish unit on the eastern front.

In a statement this week, Ms Folens said: "I can testify that, contrary to what is being alleged, my husband never committed any war crimes whatsoever, was never a member of the Nazi Party and never a member of the Gestapo."

She said she and her family "were outraged and extremely angry" at what they regarded as the false allegations being made against her late husband.

In seeking the interim order on Thursday, John Rogers SC, for Ms Folens, told the court there was a suggestion that during the second World War, Mr Folens was a Nazi and was wanted for war crimes.

This was "completely wrong" and "out of historical context", he said.

Mr Rogers said a representative of the Sunday Tribune, Mr Molony and Mr Folens had signed an agreement that stipulated Mr Folens could see any article before it was published and gave the interviewee the right of reply.

His client was seeking the injunction restraining the defendants from using, broadcasting or publishing the subject matter of that interview otherwise than in accordance with the terms of the agreement in 1987.

Ms Folens also wants the court to make an order compelling the defendants to provide her with a copy of the interview and all notes and material relating to the interview.