Paper asks to have libel action dismissed

A Dublin-based law lecturer is resisting a High Court application to dismiss his action for alleged defamation in two articles…

A Dublin-based law lecturer is resisting a High Court application to dismiss his action for alleged defamation in two articles, published in the Irish Independent, which were based on claims made in a TV programme by former IRA member turned informer, Eamon Collins.

Mr Hugh Mohan SC, for Mr David Ewins, yesterday urged Mr Justice McKechnie to allow the action to proceed. He denied there was delay in advancing the matter and said his client was entitled to make his case and to vindicate his good name.

Counsel was opposing an application by Independent Newspapers Ireland Ltd for an order dismissing, on grounds of delay, the action taken against it by Mr Ewins, of Ayrefield Court, Dublin, in relation to articles published on April 19th and 20th, 1995.

The articles were based on claims made by Eamon Collins in a programme made by Carlton TV, entitled "Confession", which was broadcast on UTV on April 18th, 1995.

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The judge will give his decision on the application this afternoon.

Mr Paul Gallagher SC, for Independent Newspapers, argued there had been inordinate and inexcusable delay in progressing the action.

The proceedings were issued in December 1995 but there was an approximate five-year delay in delivering a statement of claim.