Former Beaumont biochemist says pathologist slandered her

A BIOCHEMIST began a High Court slander action yesterday against Dr Bill Tormey, a consultant pathologist at Beaumont Hospital…

A BIOCHEMIST began a High Court slander action yesterday against Dr Bill Tormey, a consultant pathologist at Beaumont Hospital and a candidate in the last general election.

Ms Maria Fitzgibbon, of Nutgrove Park, Clonskeagh, Dublin, claims Dr Tormey had said she had committed scientific fraud and had stolen work and referred to her as a "right geebag".

Dr Tormey, of Glasnevin Avenue, Dublin, denies he spoke the words complained of and, if he did, he pleads justification in that the words were substantially true, that he did not say them in the presence of anybody else and that they were spoken on an occasion of privilege.

Mr Adrian Hardiman SC, for Ms Fitzgibbon, told Mr Justice Moriarty and a jury it was claimed Dr Tormey, in the presence of a number of people in May 1992 said: "Maria Fitzgibbon has by her actions committed scientific fraud. This is a sackable offence were she working in the US. She has stolen work.

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It was claimed he said later: "She has no right to do what she did, namely to submit a poster to a scientific meeting from work which is not hers to use." Dr Tormey had also stated he had to substantially rewrite previous work done by Ms Fitzgibbon, it was alleged.

He was also alleged to have said: "Do you know Fitzgibbon is a right geebag? We will be getting rid of her out of here."

Ms Fitzgibbon claimed the words meant she was in deliberate and cynical breach of the research and publications code for researchers, that she was a criminal, not fit to hold her position at the hospital, had plagiarised work, was incompetent, a liar, a cheat and a woman of low morals.

Mr Hardiman said Ms Fitzgibbon was a biochemist who had worked in the laboratories in Beaumont from 1988 to 1994. She had an excellent reputation.

Dr Tormey was well known as a consultant pathologist. He had enormous influence. He had also stood as an Independent in the recent general election.

The action arose out of events in the summer of 1993. Ms Fitzgibbon had been working on the research and study of childhood cancer. During this happy pattern of scientific co-operation and research, Dr Tormey launched a quite savage attack on her.

In April 1993 Ms Fitzgibbon was invited to write a review of a scientific paper. Dr Tormey asked her to include another name as an author. She declined. It would appear this provoked Dr Tormey.

In May 1993, in the presence of others, he had made the "geebag" remark. Shortly after, Ms Fitzgibbon's review was accepted. Dr Tormey stated to a number of significant persons in the department and in Beaumont that she had committed scientific fraud.

Mr Hardiman said that in his defence in the action, Dr Tormey said he never said any of these things. He denied the words but that, if he did say them, he did not say them in the presence of colleagues.

He had denied making the "geebag" remark, but said that, if he did, it was a term of vulgar abuse. He also denied saying that Ms Fitzgibbon had committed scientific fraud but, if he did, they meant only that she was in breach of the research and publications code for researchers and he was speaking on an occasion of qualified privilege.

Ms Fitzgibbon said in evidence she worked on the cancer project as senior biochemist. A paper was published subsequently which acknowledged the bulk of the project work was done by her. Dr Tormey had taken the thesis and written the paper on his computer. A number of personnel had assisted in the paper's preparation.

Subsequently, she said, she wrote a review article over 10 months to a year, but Dr Tormey complained it was taking her too long.

In 1991, at a staff meeting, while she was pregnant, Dr Tormey referred to her "gestational leave".

Ms Fitzgibbon said she left the laboratory in July 1994. She had no option.

The case continues today.