RTÉ seeks dismissal of Seán Gallagher action over ‘Tweetgate’

RTÉ has asked the High Court to dismiss businessman Seán Gallagher's action against it which was initiated following an incident during a debate which was part of the 2011 presidential election campaign.

In his action, Mr Gallagher seeks a declaration the October 2011 RTÉ Frontline debate involving the election candidates was deliberately and unfairly edited and presented and directed by RTÉ in order to damage his electoral prospects.

He claims the broadcast was neither objective, impartial nor fair to his interests.

He is also claiming damages for alleged breach of statutory duty, negligence and misfeasance in public office.

His claim includes a claim for exemplary damages arising from comments allegedly made by broadcaster Pat Kenny in relation to "Tweetgate" in which a social media post about Mr Gallagher was read out.

RTÉ denies the claims and also pleads Mr Gallagher damaged his election prospects because of the manner in which he responded to particular assertions.

Halted

In a pre-trial application, RTÉ has argued the case should be halted because, it claims, Mr Gallagher has failed to comply with orders to give it certain material which the broadcaster says is relevant to the case.

Alternatively, RTÉ wants an order compelling Mr Gallagher to comply in full with his discovery obligations.

The material includes communications such as e-mails generated during the course of Mr Gallagher’s campaign to be elected president.

Mr Gallagher, a former 'Dragon' on RTÉ's Dragon's Den programme, is opposing the application.

On Thursday, Paul Gallagher SC, for RTÉ, told Mr Justice David Keane that Mr Gallagher's approach to the discovery of material was "alarming" and there had been serious negligence by him.

Mr Gallagher has made the “most serious” allegations against RTÉ but had not addressed issues concerning discovery of materials in a “realistic manner”, counsel argued.

Opposing the motion, Niall Buckley BL, for Mr Gallagher, said it was accepted there had been deficiencies in the initial material discovered and his client regretted those.

Counsel said matters in regard to discovery of material to RTÉ had been satisfactorily rectified.

A certain tension has come into the case between the parties, counsel added.

His client wanted to advance matters, was prepared to engage and to provide between €10,000 to €15,000 to engage the services of an independent expert to review the discovery process, counsel said.

The hearing of the application is expected to conclude on Friday.