A Tipperary man earlier yesterday lost a High Court attempt to stop the broadcast last night of an RTÉ programme, screened in the Family Silver series, about a farm in the Golden Vale area.
John Dalton, of Cloughaleigh, Golden, Cashel, Co Tipperary, had claimed the programme would prejudice proceedings he has before the Supreme Court.
When he learned RTÉ was to broadcast "Bawnmore" in the documentary series Family Silver, he rang the station and strenuously objected, Mr Dalton said in an affidavit. The programme was biased and would prejudice his impending legal case, he claimed.
Mr Dalton said the person he was talking to seemed to be little concerned and would not assure him RTÉ would cancel the scheduled show.
The programme, he said, featured him pulling up stakes in a field but did not give the reason why they were being removed. He claimed matters were omitted from the film that relate to a property dispute and that the Supreme Court case relates to property rights.
Senior counsel Mark Connaughton, for RTÉ, said Mr Dalton had seen an early version of the programme, which was then re-edited to reflect changes required. The programme, made by Liberty Films Ltd, was a balanced programme, he said.
Mr Dalton's solicitors had written to RTÉ last year and threatened legal action if there was anything defamatory in the programme, but no further action was taken on Mr Dalton's part, counsel added.
In an affidavit, RTÉ's commissioning editor, Kevin Dawson, said the programme tells the story of an elderly brother and sister's court battle to keep intact their family farm in Tipperary's Golden Vale after their sibling left his share to a neighbour in "a secret will".
The programme was re-edited at least in part to meet Mr Dalton's concerns, he said.
Mr Justice Frank Clarke, who read a transcript of the programme, said Mr Dalton had been on notice that RTÉ intended to broadcast the programme but had let matters lie.
It did not seem Mr Dalton had made out a very strong case that publication of the programme would mean a breach of his rights, the judge held.
Mr Dalton was free to take whatever action he wished after the programme was broadcast.