A solicitor suing Denis O’Brien over an allegedly defamatory press release has told a High Court jury that the businessman “played the man, not the ball” in making the complained-of statement, and that it led to “grave consequences”.
Darragh Mackin was giving evidence on the second day of the defamation action, in which he and fellow solicitor Gavin Booth claim Mr O’Brien’s statement implied they acted for and received payment from the IRA (Irish Republican Army).
Mr O’Brien and his co-defendant, public relations consultant James Morrissey, deny the material defamed the solicitors or means what the solicitors allege.
Mr Mackin told the jury of nine men and three women on Thursday that Mr O’Brien wasn’t a “faceless troll on Twitter”, but rather one of Ireland’s most successful businessmen. This, Mr Mackin said, means that people listen to Mr O’Brien, and made the statement more damaging for him.
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Mr O’Brien’s statement was released on October 26th, 2016, by Mr Morrissey.
Mr O’Brien made the statement in response to a report on media ownership in Ireland. Mr Mackin and Mr Booth were credited as co-authors of the report, which was commissioned by then-Sinn Féin MEP Lynn Boylan.
The solicitors claim they were defamed by a sentence in Mr O’Brien’s statement that said: “Sinn Féin/IRA certainly got the report they paid for”.
Continuing his evidence on Thursday, Mr Mackin told the jury of the professional and personal impact of Mr O’Brien’s statement on him. “[Mr O’Brien] played the man, not the ball, and the consequences of that were grave,” Mr Mackin said.
Mr Mackin, led by his senior counsel Tom Hogan, appearing with barrister Conan Fegan and instructed by Johnsons Solicitors, said he didn’t want to be in court as a plaintiff, that it was “embarrassing” to see the case in court lists – but added that he refused to let Mr O’Brien say what he did without repercussions.
Mr Mackin said he worried about the impact of the statement on his relationship with clients. Mr Mackin said his grandmother spent the period prior to her death worrying about his wellbeing on foot of the allegation.
The court heard that Mr Mackin and Mr Booth sought a retraction and apology from Mr O’Brien in a pre-litigation letter. Mr O’Brien has not apologised or retracted the statement, Mr Mackin said.
In cross-examination, Darren Lehane SC, appearing for Mr O’Brien and Mr Morrissey with barrister Joe Holt, and instructed by Meagher Solicitors, put it to Mr Mackin he was not an author of the report on media ownership.
Mr Lehane noted that, based on documents shared by the plaintiffs in the proceedings, Mr Mackin had not generated any emails relating to the drafting of the report.
Mr Mackin rejected the suggestion that he was not a co-author of the report, describing himself as a “control freak” who is “hands on” in projects that he is involved in.
Mr Mackin added that Caoilfhionn Gallagher KC and Jonathan Price KC – London-based barristers who were also credited as co-authors of the report – would likely not have allowed him to put his name on the report if he hadn’t done any work on it.
Mr Mackin agreed that he was not named in Mr O’Brien’s statement. However, Mr Mackin said he’d been identified in the media as connected with the report.
Mr Mackin agreed that in his proceedings, he did not take any “legal issue” with Mr O’Brien’s criticism of the report as unfair and biased, but said he was suing over the “sting” of the statement − the sentence, “Sinn Féin/IRA certainly got the report they paid for”.
Mr Mackin agreed that Roy Greenslade, a British journalist, is cited 18 times in the media ownership report. Mr Mackin told the jury that he knew nothing about the journalist, other than the fact he worked for the Guardian.
Explaining the repeated citation of Mr Greenslade’s work, Mr Mackin said he was one of the few journalists “gutsy enough” to publish statistics related to legal actions taken by Mr O’Brien, including against news publishers.
Mr Mackin said he was unaware that Mr Greenslade had published an article in the Sunday Times in 2021 stating he was a long-time supporter of the IRA.
The trial, before Mr Justice Tony O’Connor, continues.
