Court reserves judgment in Foley article case

The High Court has reserved judgment on an application by Dublin criminal Martin Foley for an injunction restraining the Sunday…

The High Court has reserved judgment on an application by Dublin criminal Martin Foley for an injunction restraining the Sunday Worldfrom publishing articles which might endanger his life.

Foley, known as "The Viper", took the proceedings following publication in the newspaper on December 5th last of an article under the heading "Foley's A Dead Man Walking".

His lawyers argued the article, by crime reporter Mr Paul Williams, caused him great concern and endangered his life.

Foley has already survived three assassination attempts.

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An unnamed retired detective was quoted as saying: "I have always predicted that Foley will not die in his sleep and have told him this on many occasions. The only thing that amazes me is that he has lived for so long."

Mr James MacGuill, solicitor for Foley, said he was categorically instructed by his client that an allegation in the article that he was a police informer was made without any foundation and was specifically denied.

In an affidavit opposing the application, Mr Colm McGinty, editor of the Sunday World, said the portion of the article in question was not an attempt to provoke a further attempt on Foley's life.

On the contrary, he said, the retired detective stated that Foley was a violent criminal and, given that his fellow criminals had already tried to kill him, if Foley continued to engage in criminality he was likely to be the subject of further violence and attempts on his life.

Any threat to Foley's life was wholly attributable to his continued involvement in crime and association with other members of the criminal class, Mr McGinty said.

Mr McGinty believed publication of the article and other articles concerning Foley's activities was in the public interest.

He said the public was entitled to know about persons such as Foley and his involvement in drug dealing, violence and crime. It was also entitled to know about the efforts of the authorities to deal with his activities.

Mr Justice Peter Kelly told the court today he would deliver his decision next week.