THE Dublin Sinn Fein councillor, Mr Christy Burke, has been awarded £15,000 damages and costs against the Sun newspaper and RTE for libel and defamation in coverage of his handshake with the Rev Ian Paisley.
The Circuit Civil Court had been told the Sun used a headline, "Hand shake with Devil", over a picture of the encounter. RTE, in its What it Says in the Papers programme, had stated that Mr Paisley's supporters might see him as such.
The President of the Circuit Court, Mr Justice Frank Spain, said to describe someone as the devil seemed to him not to be within reasonable bounds. "It is in effect to say this is an evil person, one who does evil acts or supports evil".
He held it was not a reasonable way to describe an opponent or enemy, as had been suggested by Sun reporter Mr Paddy Clancy. Mr Clancy had told the court the expression was in common usage since the film Shake Hands With The Devil, and meant to meet or encounter one's opponent or enemy.
Judge Spain said it was not just an exaggeration or excessive use of language.
Rejecting a defence of fair comment on a matter of public importance, he said while it was clear the newspaper and RTE were merely reporting the words of another person, if the defence of fair or reasonable comment was not open to such a person it was clearly not open to those reporting it. He held it was not relevant whether or not the handshake had been, as suggested, a publicity stunt initiated by Mr Burke.
There had been evidence from the defence that Sinn Fein contained in its membership good people, and there was no contrary evidence that Mr Burke was not a good person.
He said the effect of the comment was very serious and the reactions of people to Mr Burke had been all the more devastating.
He made the award jointly and severally against both the Sun and RTE. It was learned afterwards that both defendants are considering an appeal.
Afterwards, Mr Burke said he was delighted. He had taken the action in principle and in truth.
He said he was an unemployed father of five and would use the money to look after his family.