Ex-army captain wins €70,000 libel settlement

A former Irish Army Captain has won a settlement of €70,000 in his High Court libel action against the publishers of a book about…

A former Irish Army Captain has won a settlement of €70,000 in his High Court libel action against the publishers of a book about the Arms Trial in the 1970s.

Mr James Kelly alleged he was libelled in a book entitled The Arms Trial, written by Justin O'Brien and published by Gill and MacMillan.

The settlement was announced today and an apology was also read in court to Mr Kelly.

Mr Kelly (74) had sued Gill and MacMillan Ltd, of Hume Avenue, Park West Industrial Estate, Dublin, and former taoiseach, Dr Garret Fitzgerald.

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Outside court, Mr Kelly said the €70,000 is being paid by the company.

The apology read by Mr Eoin McCullough SC, for the defence, said Gill and MacMillan Ltd wished to point out that any references to Mr Kelly in the book "suggesting or implying that Captain Kelly was guilty of wrongdoing or improper conduct or that he had acted upon inappropriate orders from persons other than his military superiors and/or the Minister for Defence are untrue".

The apology continued: "We unreservedly withdraw the statement attributed to Dr Garret Fitzgerald at page 220 of the book that the acquittal of Capt James Kelly was a totally perverse verdict and that the jury were intimidated or disregarded the evidence and acknowledge Dr Fitzgerald's comments as set out therein are inaccurately quoted.

"We acknowledge that Captain Kelly was guilty of no wrongdoing or improper conduct and at all material times acted properly and bona fide in his capacity as an officer in the Permanent Defence Forces. We apologise for any hurt and distress caused to Captain Kelly by reason of the publication".

Mr Justice Quirke then struck out the action with no order.