In his opinion column published by The Irish Times on Tuesday October 3rd 2000, Mr Fintan O'Toole wrote about an application for refugee status by a native of Guinea. This application had been refused following a hearing and, on appeal, by the Refugee Appeals Authority. The applicant went to the High Court seeking a Judicial Review of the appeal decision and the judgment of the High Court was delivered in July last by Mr Justice Peter Kelly.
We record the fact that this decision was the subject of an Irish Times Law Report of September 25th 2000 which was in part incorrect. During the course of his comments on the case, which were partially based on that law report, Mr O'Toole made allegations and drew certain inferences which were untrue and defamatory of Mr Justice Kelly and caused him personal distress.
Both The Irish Times and Mr O'Toole now acknowledge explicitly that
these allegations and inferences were without any foundation in fact, and additionally,
were based on a misunderstanding of the jurisdiction which Mr Justice Kelly was exercising in his hearing and determination of the Judicial Review proceedings.
The Irish Times and Mr O'Toole now retract unreservedly these damaging allegations and inferences and offer their apologies to Mr Justice Kelly for having published them and for the distress which they caused him.
In recognition of Mr Justice Kelly not pursuing a claim for the compensation to which he is undoubtedly entitled, The Irish Times is making a contribution to a charity of Mr Justice Kelly's nomination.