A former chairman of the Leinster branch of the Irish Rugby Football Union claims he was libelled in an Irish Times article featuring alleged comments made by Olivier Magne, a French rugby international.
Mr Peter Boyle, a solicitor, of Hillside Drive, Castle Park, Dublin, had presided on a disciplinary committee which last year suspended Magne from international rugby for three weeks for alleged foul play.
Mr Boyle claimed that the newspaper defamed him in an article on March 10th, 2000. The article stated: "France's brilliant flanker, Olivier Magne, yesterday suggested that the Irish rugby fraternity had colluded to keep him out of Sunday week's championship match in Paris."
It continued: "Magne's barrage came after the Six Nations disciplinary committee, meeting in Dublin, banned him for three weeks for head-butting Scotland's Stuart Reid in their game at Murrayfield last weekend."
The article quoted Magne as saying: "This is a stitch-up. This sentence was already decided before the hearing and I sensed that when I arrived in Dublin. After all, I was being heard by Irishmen in Ireland a week before we play Ireland."
It continued: "Not quite true. The Frenchman's case was heard by a three-man committee under the chairmanship of Ireland's Peter Boyle, with one representative from England and Wales, respectively. Magne had claimed he accidentally butted Reid after the Scottish flanker had pulled off his scrum cap. The Frenchman's assertion was not upheld by the disciplinary panel . . . The ban means Magne will be available for France's final game against Italy . . . The other player involved in the incident, Scottish second row Reid, raced to Magne's defence. Reid plays his club rugby with Narbonne in France."
The newspaper, in its defence, admits publication of the article but denies that it was published falsely or maliciously. It denies that Mr Boyle has been injured in his character, reputation or professional standing and says that, insofar as the article consists of expressions of opinion, it is fair comment made in good faith and without malice.
Mr Garrett Cooney SC, for Mr Boyle, told the High Court that the Irish Times article attacked his client's integrity and accused him of a "stitch-up" for the purpose of giving Ireland an advantage in their game with France on March 18th, 2000.
The incident between Magne and Reid was spotted by former Irish international referee John West, who was appointed by the Six Nations committee as a "citing commissioner". Following his report, a disciplinary committee was et up with Mr Boyle as chairman. The other member was Rupert Moon, representing England. The Welsh member did not attend.
The committee heard evidence from Mr West and saw a video recording of the incident. It was decided that Magne had head-butted Reid and that this amounted to foul play. He was suspended for three weeks.
Mr Cooney said it seemed Magne spoke to some members of the "press". The following day, The Irish Times published its article, which made the "most outrageous" allegations against Mr Boyle.
When written to by solicitors acting for Mr Boyle, The Irish Times had rejected the assertions made on his behalf. There was no retraction, offer of an apology, clarification or expression of regret.
Cross-examined by Mr Richard Nesbitt SC, for The Irish Times, Mr Boyle said he did not accept that other papers had carried similar reports of the hearing and its aftermath.
Mr Nesbitt said that the writer of the article, John O'Sullivan, would give evidence of attempts he had made to find out who the representatives on the disciplinary committee were and of how he was met by an IRFU refusal to discuss the matter.
The hearing continues today.