Fianna Fβil's national organiser, Mr Sean Sherwin, has claimed at the High Court that he was libelled in a Sunday Independent article.
He claims the article meant he wrongfully solicited money from a property developer, Mr Tom Gilmartin, for his sister-in-law, Ms Catherine Sherwin, who stood as a candidate in local elections.
Mr Justice O'Sullivan and a jury were told by counsel for Mr Sherwin, of Cappaghmore, Clondalkin, Dublin, that the story was false and damaging to him.
Independent Newspapers plc denies that the words complained of bore or were understood to bear the meanings claimed. Without prejudice to that denial, it pleads the words complained of were true in substance and in fact. It is denied Mr Sherwin (54) was damaged in his character as national organiser of Fianna Fβil or was brought into public contempt.
The front-page article, by political editor Jody Corcoran, was published on February 14th, 1999.
Mr Garrett Cooney SC, for Mr Sherwin, said Mr Gilmartin, from Co Sligo, had ambitions to have two major developments in Dublin but became disillusioned with his progress in relation to the developments. Counsel said any reader of the article would assume Mr Sherwin had arranged a meeting with Mr Gilmartin for corrupt purposes.
Mr Cooney said that in late 1990, Mr Gilmartin did contact Fianna Fβil headquarters through Mr Colm Scallan, who had strong connections in the building industry, and met Mr Sherwin. They discussed Mr Gilmartin's proposals for developing Bachelor's Walk and Quarryvale. Mr Gilmartin complained about difficulties put in his way by planning authorities.
Mr Sherwin told Mr Gilmartin he could not help him and advised him to get in touch with public representatives. That was the only advice he gave him. Mr Sherwin had a second meeting with Mr Gilmartin, during which the latter mentioned he had given £50,000 to Mr Padraig Flynn, then Minister for the Environment and Fianna Fβil treasurer. Mr Sherwin had not been aware of that and was alarmed by the allegation.
Mr Cooney said that the following day, Mr Sherwin took up the matter with Mr Paul Kavanagh, a Fianna Fβil fundraiser, who said he had no record of such a donation to the party.
A man named Mr Edward McMullen was an American investor in Ireland to help the Goodman group of beef processing companies which were in financial difficulties. Mr Sherwin introduced him to Mr Gilmartin. He acted as an introductory agent. A sinister interpretation had been put on Mr Sherwin's efforts in the case.
Counsel said it was not true Mr Sherwin's sister-in-law was running in the local elections in autumn 1990. She did not become a candidate until April 1991. She was not elected and funded her campaign, some £500 or £600, from her own resources.
Mr Sherwin, in evidence, said it was not his function to raise funds for the party. He said he frankly did not believe Mr Gilmartin had given Mr Flynn £50,000. He never denied meeting Mr Gilmartin but never asked him to contribute to his sister-in-law's election fund. The case continues.