98FM chairman awarded £250,000 in libel case taken against `Irish Mirror'

98FM chairman Mr Denis O'Brien was awarded £250,000 damages and costs at the High Court yesterday after a jury found he was libelled in a number of articles published in the Irish Mirror newspaper last year.

The jury took just over an hour to reach their decision. The award is among the highest made by an Irish jury.

Mr O'Brien (41), who is chairman of 98FM and Esat Digifone, claimed the articles meant he had paid £30,000 as a bribe to former Fianna Fail minister Mr Ray Burke to get a radio licence for 98FM, and that his business was based on corruption.

The articles were based on an anonymous note said to have been shown to a journalist by a "senior politician". Mr O'Brien sued for libel.

The jury were asked to answer five questions about the articles of June 19th 1998 and were told that if they answered Yes to any of the five, to assess damages.

They had to decide whether the articles, by way of innuendo, meant; (1) that Mr O'Brien paid £30,000 to former Minister Ray Burke by way of a bribe; (2) that he paid the money to secure a licence for the radio station 98FM; (3) that the licence for 98FM was awarded to Mr O'Brien on foot of the alleged payment; (4) that Mr O'Brien secured a licence for Esat Digifone in circumstances which gave rise to a suspicion of bribery or corrupt practices; and (5) that Mr O'Brien had engaged in corrupt practices which warranted investigation by the Flood tribunal.

The jury answered Yes to all five questions and awarded damages of £250,000. Afterwards, Mr O'Brien said he had been vindicated.

During the three-day hearing, Mr O'Brien claimed the articles had effectively suggested that his business was based on corruption.

The businessman had sued Mirror Group Newspapers, Canary Wharf, London; Mr Neil Leslie, editor of the Irish Mirror and Mr Karl Brophy (24), journalist and author of the articles complained of. The defendants had denied that the articles were defamatory or capable of being understood as such.

In evidence, Mr Brophy said a senior politician had shown him an unsigned note in June 1998 which stated that former minister Mr Burke had received more than one payment of £30,000 and that Mr O'Brien had paid Mr Burke £30,000.

After seeing that note, he had contacted a number of people who had applied for radio licences, other politicians, Mr O'Brien's office and the Flood tribunal, the journalist said. He had faxed a number of questions to a public relations firm acting for Mr O'Brien.

Mr O'Brien said he had asked his solicitors to write to the newspaper to seek a retraction but had never received a word of apology.