Story about Senator ‘incorrect’ but not defamatory, says ‘Village’ editor

The proprietor and editor of Village magazine has told a judge that an article he had written about former Green Party Senator Mark Dearey was "incorrect."

Michael Smith, however, submitted to Judge Jacqueline Linnane in the Circuit Civil Court that this did not mean the article, in what the magazine had described as a “Corruption Special”, was defamatory.

Hugh Mohan SC, for Mr Dearey, of Corrakit, Omeath, Co Louth, had asked the court for a declaration that Mr Smith and Ormond Quay Publishing Limited, trading as Village magazine, had published false and defamatory statements concerning Mr Dearey.

Mr Mohan, who appeared with James McCullough, had also sought an order directing the defendants to publish a correction comparable to the allegedly false and defamatory material about Mr Dearey in the August-September edition of Village.

He told Judge Linnane that while the defendants had published a correction, they had not accepted that Mr Dearey had been defamed by the original article.

Mr Dearey said in an affidavit that under a heading “Nearly €1,000,000 Paid for Planning Appeal Withdrawal”, Mr Smith had written what he purported to be a factual account of planning misconduct.

This was in relation to a planning application lodged by Carnbeg Developments and considered by Louth County Council in September 2007.

He said the thrust of the article was that Carnbeg Developments secured planning permission for a development at Dundalk in contravention of the county council’s local development plan. It had alleged criminal conduct and misfeasance in public office against a large number of individuals mentioned.

Mr Dearey said the article reported as a fact that he had voted in favour of the development which was untrue and damaging to him and the Green Party. He was not even a member of the county council at the time.

Solicitor's letter
His solicitor James MacGuill had written to the defendants pointing out the inaccuracies and demanding the recall of all outstanding copies of the magazine containing the article.

Mr Dearey said the defendants’ failure to accept that the article was defamatory of him meant the damage to him continued unchecked.

Mr Smith, in a submission to the court, said the article was incorrect “but that does not mean it is defamatory”. When he said the company was “on a shoestring”, Judge Linnane asked if he was telling the court that the company was impecunious.

She adjourned Mr Dearey’s application until November 4th to allow Mr Smith to lodge an affidavit.

* This article was amended on January 2nd, 2014, for legal reasons to correct an error.