Ryanair will not apologise to Davison

Ryanair’s head of communications Stephen McNamara has told the High Court he would not apologise to former Miss World Rosanna…

Ryanair’s head of communications Stephen McNamara has told the High Court he would not apologise to former Miss World Rosanna Davison over a press release which, she claims, branded her a racist.

Asked today by Ms Davison's counsel, Jim O'Callaghan SC,  if he was prepared to apologise having heard evidence in the case, Mr McNamara said: "No".

He wrote the release and posted it on the airline website on the basis of comments made by Ms Davison at a time when Ryanair was trying to raise money for charity with a calendar featuring members of its staff, he said.

He had not made comments about Ms Davison herself but rather about the comments she made in relation to the calendar, Mr McNamara said. "That is an important difference, I don't know Ms Davison."

Mr McNamara was being cross-examined in the continuing action by Ms Davison in which she alleges she was defamed in the release posted by Ryanair on November 11th, 2008. Ms Davison (27), of Cornelscourt, Co Dublin, claims the release wrongly meant she was racist, xenophobic and jealous.

Rynair denies defamation and denies the release bore the alleged meanings. It also pleads it was fair comment in response to a matter of public interest.

Evidence concluded today and the jury of eight men and four women will hear closing speeches from both sides tomorrow after which it will be charged by Mr Justice Eamon De Valera before retiring to consider its verdict.

The court has heard the release was posted following remarks by Ms Davison, published in the Irish Independent, relating to the absence of any Irish female cabin crew from a Ryanair charity calendar for 2009.

Launched on November 10th 2008, that calendar featured international female cabin crew in bikinis and under titles including Miss Cockpit and Miss Fuel Pump.

Ms Davison said her remarks were a response to questions from an Irish Independent journalist the same day about the absence of Irish female cabin crew from the calendar.

She said she was correctly quoted the next day as saying: "If I was (organising) it, I would have made sure that Irish women were involved because it's an Irish charity and Irish fundraising. Any person from any part of Europe would say that Irish women are gorgeous".

The following day, Ryanair's release stated Ryanair "today hit back at comments made by Irish glamour model Rosanna Davison in relation to the absence of Irish cabin crew from Ryanair's 2009 charity calendar which 'bordered on racism and demonstrated an elitist attitude against Ryanair's international cabin crew'.

The release stated "there is nothing more unattractive than jealousy". It also said: "Ryanair confirmed all cabin crew were invited to apply for the calendar and that while only a small number of Irish staff applied, one Irish girl was invited to participate but was unavailable to do so."

Today, Mr O'Callaghan asked Mr McNamara about remarks by another High Court judge, Mr Justice Peter Kelly, about Ryanair and the truth being "uncomfortable bedfellows" in a judgment on another case in which the airline challenged charges at Dublin Airport.

Mr Justice Kelly had noted Ryanair had issued a press release in relation to that matter which was not factually accurate and which described then Transport Minister Noel Dempsey as "dozy" and "dolittle Dempsey", counsel said.

Asked if he accepted the content of Mr Justice Kelly's judgment, Mr McNamara said he thought that press release was issued by airline boss Michael O'Leary, who often issued his own releases. He respected the decision of the court and the judge but understood there were other legal issues relating to that case which he was not privy to, Mr McNamara said.

He told counsel he did not accept the press release issued in this case was a further example of Ryanair and the truth being uncomfortable bedfellows.

Mr McNamara disagreed that Ryanair does not take criticism well and referred to criticism in the media and elsewhere last year when Ryanair announced it would not pay compensation as a result of flight cancellations due to the volcanic ash cloud. In light of what was said about the airline's stance, Ryanair backed down and it cost them €50 million, which showed they could take criticism, he said.

Daniel deCavelho, Ryanair European Communications manager, said he received a phone call about the release from Ms Davison's father, singer Chris deBurgh, in which Mr deBurgh said he would sue Ryanair and Mr McNamara personally unless they issued an
apology by the following Monday. Mr deBurgh said he had sued 16 times in other cases and won, Mr deCavelho said.

Mr deBurgh had also said he respected what Ryanair had done in making air travel cheaper although he never had to avail of it himself because he could afford a private jet, Mr deCavelho added.

Cross-examined by Declan Doyle SC, also for Ms Davison, Mr deCavelho denied he was lying when he said he received a phone call in summer 2008 from Ms Davison looking for a free airline ticket in relation to a charity event which was refused.

Two Ryanair cabin crew members who have featured in its charity calendar also gave evidence.

Ingrid Pilkobu, from the Slovak Republic, told Frank Beattie, for Ryanair, she was a member of Ryanair cabin crew based in Dublin when she saw a poster in the crew room looking for people to take part in the calendar.

She was attracted to the project because it was for charity and she had not done any other modelling before. There was no question of being pressurised into doing it. The "shoot" for the calendar took place over four days in Reus, Barcelona, and she only found out her picture had been used when the calendar came out.

Asked for her view of Ms Davison's comments, she said if they had only been looking for Irish cabin crew to take part in the calendar, she would "have felt offended". "I don't think the calendar was about nationality," she said.

Stanka Haluskobu, a Latvian member of Ryanair cabin crew based at Frankfurt airport, said she got involved in the calendar because it was an opportunity to help with a charitable cause. There was no question of being pressurised, she said.

Darragh Brady, manager of the Ryanair.com website, said there were 9,326 "hits" on the web page featuring the press release since it was issued up to yesterday. Most of those - 6,053 - were from people based in Britain, he said.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times