The High Court Judge in the failed libel case taken by Fianna Fáil TD, Ms Beverley Cooper-Flynn, against RTE misdirected the jury, the Supreme Court heard today.
Ms Beverley Cooper-Flynn
Broadcasts by RTE reporter Mr Charlie Bird claimed Ms Cooper-Flynn had encouraged customers to avoid paying tax when they bought National Irish Bank savings products from her. Ms Cooper Flynn's appeal in the case begun in the Supreme Court this morning.
Ms Cooper-Flynn claimed in a High Court action in February and March of 2001, that the reports were false and injurious to her reputation. She also sued Co Louth farmer, Mr James Howard, who told RTE that the Mayo TD had advised him not to pay tax on the off-shore savings scheme he bought from her.
The jury found Mr Howard's claim could not be substantiated but that the TD had encouraged others to evade tax. As a consequence, the RTE reports and Mr Howard's claim had not damaged Ms Cooper-Flynn's reputation, the jury found.
At the Supreme Court today, counsel for Ms Cooper-Flynn, Mr Eoin McCulllough SC, argued that High Court Judge, Mr Justice Morris's directions to the jury as to what issues should be considered in arriving at their verdict was "fundamentally flawed".
Mr McCullough said the judge had directed the jury to consider three questions
which had not been agreed by the legal teams.
Counsel for RTE Mr Kevin Feeney accepted the point but said the plaintiff's lawyers had not objected to Mr Justice Morris's conclusions. The court could not order a retrial because they did not like the jury's findings, he said.
He also urged the court to consider the cost implication of allowing a retrial under those circumstances.
Chief Justice, Mr Justice Keane, presided over today's proceeding with Mrs Justice Denham, Mrs Justice McGuinness, Mr Justice Geoghegan and Mr Justice Fennelly.
Ms Cooper-Flynn and Mr Bird accompanied by another RTE reporter, Mr George Lee who assisted in compiling the broadcasts, were in court today.
This afternoon, Mr McCullough said the redirection to the jury by Mr Justice Morris follwoing complaints by Mr Feeney for RTE had proved "strongly helpful to the defendants".
But Mr Justice Keane suggested the judge was entitled to change his mind if he considered the complaint had merit.
Mr Feeney argued that today's appeal was based on technicalities such as a letter seen by the jury but not by Ms Cooper-Flynn or the nature of the jury's majority vote.
Counsel argued that the evidence supporting the jury's findings outweighed the concerns of Mr McCullough.
The hearing continues tomorrow and judgment is expected to be reserved.