£30,000 for Ahern for `absolutely false' claims

Allegations against the Taoiseach, Mr Ahern, of having accepted a £50,000 bribe from a developer in return for planning favours…

Allegations against the Taoiseach, Mr Ahern, of having accepted a £50,000 bribe from a developer in return for planning favours were described by a judge yesterday as "utterly, completely and absolutely false and untrue".

Judge John O'Hagan, awarding Mr Ahern a maximum £30,000 damages for defamation against a Cork businessman, Mr Denis O'Brien, said the Taoiseach's good name had been completely vindicated.

He rejected as incredible a suggestion made on behalf of Mr O'Brien that he had "been sucked into a scheme of things", saying Mr O'Brien had persisted with his claims until recently, when he withdrew his defence to the Taoiseach's action to clear his name.

Judge O'Hagan said it was clear from a reference in a Sunday Business Post article, based on Mr O'Brien's assertions and referring to a senior Fianna Fail politician as having accepted £50,000 from a developer through an intermediary in the underground car-park at the Burlington Hotel, that the politician was Mr Ahern.

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"That Mr Ahern was involved in any matters such as this must be found on the evidence I have heard to be absolutely not so," Judge O'Hagan said.

Mr Ahern had taken an action for defamation for the purpose of clearing his name and, while the only remedy he could give him was one of damages, the court was satisfied he had vindicated his name and reputation.

"It is to be emphasised that Mr Ahern is not the person who is on trial in this court. Despite all his efforts allowing Mr O'Brien to withdraw his allegations and apologise before issuing court proceedings, that was not taken up or availed of. It is demonstrably clear that the allegations are utterly false and untrue," Judge O'Hagan said.

He told Mr Paul Gallagher SC and Mr Rory Brady SC, for Mr Ahern, that he had paid particular attention to the evidence of Senator Maurice Manning, Fine Gael leader in the Seanad, who had read the article and had concluded the politician referred to was Mr Ahern.

"The words Senator Manning used are interesting in that he described the consequences to a politician of such allegations as monstrous and equivalent to treason, that Mr Ahern's credibility was everything and that all he had ever stood for would be gone," Judge O'Hagan said.

Judge O'Hagan said that in an opinion poll taken a week after Mr Ahern had denied the allegations, 56 per cent had indicated they did not believe the Taoiseach's denial. "That is a terrible thing for a politician, no matter what party they are from and whether they be a councillor working for their local community or a national politician or, in this instance, the Taoiseach and leader of the Government."

Awarding Mr Ahern £30,000, Judge O'Hagan said that in view of Mr O'Brien's persistence in pursuing his defence and his failure to make amends, he had no option but to award all costs against him.