A HIGH Court jury in Belfast failed to reach a verdict last night in a libel action brought by the chief executive of the Northern Ireland Southern Health and Social Services Board.
It was the 11th day of the case in which Mr Brendan Cunningham (49), of Leitrim Road, Kilkeel, Co Down, sued Miss Dorothy Hulme, in her capacity as chairwoman of the steering group established to retain the Mourne Hospital.
The jury was out for two hours and 20 minutes when it returned to tell Mr Justice Campbell it was unable to reach agreement.
Mr Andrew Donaldson QC, for Miss Hulme, said the plaintiff had been unable to prove his case and applied for an order for costs.
Mr James McSparran QC, for Mr Cunningham, said it was a distortion to say that the plaintiff had failed to prove his case.
Mr Justice Campbell refused to make an order for costs - which means each side is responsible for its own costs - and said there would have to be a retrial.
The jury heard the case revolved around two letters written by Miss Hulme, a bank official from Warrenpoint, Co Down. She denied libelling Mr Cunningham in the letters after the decision to close Mourne Hospital.
The first letter stated the closure decision could have been influenced by a member of the board with a personal financial interest.
The second letter claimed that Mr Cunningham had strenuously advanced the closure and added: "It is believed he has recently sold lands for a nursing home and that many of the folk in the hospital will be transferred to this home."
Mr Cunningham confirmed in evidence that he had owned land in Kilkeel for which he later obtained planning permission for a nursing home. But when he sold the land for £85,000 it was before the decision to close the hospital.
He said that at the outset he had disclosed his interest to the Southern Health Board and denied advancing the hospital's closure.