Article was 'profoundly irresponsible'

A Dublin criminal, Martin Foley, has claimed before the High Court that a "sensationalist" and "profoundly irresponsible" Sunday World article has gravely compromised his right to life. He is seeking orders restraining publication of any similar articles.

In an affidavit presented yesterday, Mr James MacGuill, solicitor for Mr Foley, described the four-page article published on December 5th and featuring the headline "Foley's a dead man walking" as "among the most profoundly irresponsible journalism and editorship of a widely circulating national newspaper that I could conceive of".

The article was published as part of extracts from crime journalist Paul Williams's forthcoming book.

Yesterday Mr Rossa Fanning, for Mr Foley, secured leave from Ms Justice Laffoy to apply on Monday for an injunction against Sunday Newspapers Ltd restraining the Sunday World from publishing any material concerning Mr Foley which encouraged, advocated, promoted or predicted, explicitly or by necessary implication, an attempt to endanger Mr Foley's life and health.

Among various declarations which will also be sought by Mr Foley is one that the article caused him to be exposed to a threat of violence.

In his affidavit, Mr MacGuill said his client had survived three attempts on his life, in 1995, 1996, and 2000, and this particular article concluded with a quote from an unnamed retired Garda detective which could not be read in any other way than predicting Mr Foley's death by violent methods.

Mr MacGuill said Mr Foley denied all the claims made about him in the article and was particularly concerned at the quote from the detective to the effect: "I have always predicted that Foley will not die in his sleep . . . The only thing that amazes me is that he has lived for so long".

Mr Foley believed that aspect of the article was intended to provoke a further attempt on his life or was reckless and irresponsible as to that possible effect.