No to Nice fails to get injunction to silence Taoiseach

The No to Nice Campaign failed in a High Court today in an attempt to muzzle the Taoiseach, Mr Ahern.

The No to Nice Campaign failed in a High Court today in an attempt to muzzle the Taoiseach, Mr Ahern.

Dr Sean O'Domhnaill of the group had sought an injunction restraining Mr Ahern from repeating remarks he had made at the weekend in relation to the funding of the No to Nice Campaign.

Mr Justice Roderick Murphy held that Dr O'Domhnaill was not entitled to an injunction and awarded costs against him.

Dr O'Domhnaill had claimed the Taoiseach had made untrue and erroneous allegations relating to him and leaders of the No to Nice Campaign over funding and had linked him with right-wing fundamentalists in the US.

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Mr Ahern was represented by Mr Sean Ryan SC and Mr Eamonn Leahy SC. Mr Ryan told the court Dr O'Domhnaill had failed to prove the alleged remarks had identified him or referred to him or that he had suffered any damage as a result of their publication in the media. He had also failed to prove the remarks were defamatory of him.

Mr Justice Murphy said it was significant that Dr O'Domhnaill had not been identified in the speech made by the Taoiseach in Killarney nor in reports of the speech published in the press.

He had sought to identify himself with the remarks by referring in his affidavit to the court that he was a patron of the campaign.

The judge felt that no jury reading the published articles could in any way associate Dr O'Domhnaill with the articles or the Taoiseach's reported remarks.