Bishop Eamon Casey is willing to come to Ireland to give evidence in a libel action by author Gordon Thomas against Independent Newspapers, the High Court was told yesterday.
Dr Casey, who left Ireland after news broke of his affair in the 1970s with Ms Annie Murphy, and the birth of their son Peter, is in Britain.
Independent Newspapers (Ireland) Ltd brought a motion before the High Court seeking to have evidence taken on commission from the Bishop. The motion was moved after an earlier indication that he would not come to Dublin for the hearing.
When the motion came before Mr Justice Kearns yesterday, Mr Donal O'Donnell SC, for Independent Newspapers, said the Bishop, over the weekend, had expressed willingness to come and give evidence. In those circumstances, the motion to have evidence taken on commission was not proceeding, counsel said.
Mr Thomas took the action following an article in the Sunday Independent on April 25th, 1993 referring to a report in the same newspaper two weeks earlier relating to the Bishop being in Mexico. A date for the hearing has not yet been set. Mr O'Donnell said in the circumstances where the Bishop had indicated willingness to give evidence, the newspaper could not move its motion on grounds that he was unwilling or unable to give evidence. Counsel asked that the motion be struck out with costs reserved.
Mr Niall Fitzgibbon, for Mr Thomas, said costs should not be reserved. He said it was issued in a hasty fashion and was not ultimately required. Mr Justice Kearns decided costs of the motion should be determined in the context of the ultimate hearing.