Journalist Sam Smyth has pledged to meet ‘head-on’ an application from Independent TD Michael Lowry that he be ordered apologise, the Circuit Court was told today.
Brendan Kirwan for Smyth told the court today the application was for summary disposal under section 34 of the Defamation Act 2009, which allows a court give a summary ruling where a defamatory statement has been made and where the defendant has no defence likely to succeed.
However, Smyth's position was that the application was unwarranted. He wanted to meet the application head on and wanted to file a detailed affidavit.
While both sides had tentatively agreed to a three week adjournment, Smyth would be out of the jurisdiction from November 8th to 18th and he wanted to suggest a hearing on Monday, November 22nd.
Solicitor Michael Collins, for Mr Lowry, said his client's difficulty was that a response from Smyth to Mr Lowry's initiating letter in the action had not arrived until midday yesterday. He was apprehensive that there might be further delay.
Mr Kirwan said he would hope to have a replying affidavit filed prior to November 22nd and be ready for a hearing on that date. Circuit Court President Mr Justice Matthew Deery set the matter back to that date.
The case by Mr Lowry, who is an independent deputy for North Tipperary, is against Smyth personally and is not against TV3 or Independent Newspapers, the media organisations through which Smyth published the allegedly defamatory comments about Mr Lowry.
The comments concerned the Moriarty Tribunal's inquiries into matters concerning Mr Lowry and businessman Denis O'Brien.