Two Dublin brothers have lost their claim in the High Court that they were libelled in a newspaper article about Dublin's criminal underworld.
A jury of eight women and two men took just under two hours to find that the brothers were not identified in the article in the Irish Daily Star Sunday newspaper following a five-day trial.
The jury answered No to the same question relating to each brother: "Did the article of June 13th, 2004, published by the defendant, identify the plaintiff as being one of the leaders of the most dangerous criminal gangs operating in Dublin's criminal underworld today?"
Ms Justice Elizabeth Dunne dismissed the brothers' claim and awarded costs to the newspaper, but put a stay on costs in the event of an appeal. She thanked the jury and exempted them from jury service for five years.
The Star Sunday editor Ger Colleran said he was "delighted" with the verdict. He thanked the jury, the people who had given evidence on behalf of the newspaper, and his legal team.
Alan Bradley (32), Churchfield, Kentstown, Co Meath, and his brother, Wayne (27), Cherryfield Lawn, Clonsilla, had taken an action for damages against Independent Star Ltd, Terenure Road North, Dublin, as a result of the article in the Star Sunday on June 13th, 2004.
The brothers claimed an article headlined "Inside Gangland - Brothers In Arms" meant they were the leaders of the most dangerous criminal gang operating in Dublin's underworld and had made €4 million out of the proceeds of cash-in-transit robberies, gun crime and money laundering, and were guilty of murder, violence and intimidation.
The two-page article, which was accompanied by photographs with the faces blanked out, said, "The Fat Heads. Pictured this week by Star Sunday, the brothers, aged 25 and 31, are responsible for a series of lucrative armed raids over the past four years." The article was accompanied by the headline, "Siblings leading the underworld's most dangerous armed gang."
The newspaper claimed the brothers were not identified in the article and contended they were not defamed.
Eoin McCullough SC told the jury on behalf of Star Sunday that the "central point" in this case was whether the Bradleys are called "Fat Heads".
"I suggest to you that they weren't telling the truth when they said their nickname was 'Fat Head'," he said. Mr McCullough submitted to the jury that "not a single witness" called by the Bradleys said Wayne Bradley was ever known by the nickname "Fat Head".
"I suggest it's untrue that they were known as Fat Heads," he added.
"When you look at the evidence and the article itself you have to come to the conclusion that you answer No to question one."
Paul Gardiner SC, for Alan and Wayne Bradley, told the jury that the two brothers "do not merit the reputation" that the newspaper claims.
The Bradleys, he said, had never been charged or convicted of murder, armed robbery or intimidation.
"It's a remarkable proposition that a person has a bad reputation in a community for no good reason," Mr Gardiner said.
"The newspaper accepts this, that they [ the Bradleys] do not merit this reputation," he told the jury.
"There is no evidence that they've ever been charged or convicted of matters. This is grotesquely unfair to say of Wayne and Alan Bradley that they are guilty of murder, armed robbery, intimidation.
"None of it is true, but the newspaper published it as true," Mr Gardiner said.
Wayne Bradley, he told the jury, had a conviction for "running a red light".
"That's the only conviction that he has ever got. Newspapers very frequently get things wrong. The gardaí frequently get things wrong. In this case, the gardaí got it wrong and the newspaper printed it."