Biggest libel award in Irish history

red hander · February 28, 2008, 09:03:00 PM

From www.ireland.com

'Sunday World' ordered to pay €900,000 libel damages
Mary Carolan

A High Court jury today awarded €900,000 to a man the Sunday World described as a "Traveller drug king". It was the largest award in Irish legal history.

The jury found Martin McDonagh, a father of eight from Cranmore Drive, Sligo, was libelled by the newspaper on September 5th, 1999, midway through his seven-day detention in connection with a major drugs seizure at Tubbercurry, Co Sligo.

Mr McDonagh denied involvement and was released without charge.

In addition to alleging he was a "drug king", the Sunday World report referred to Mr McDonagh as "The Shark" saying he was involved in money-lending and had masterminded the importation of cannabis and ecstasy to the west of Ireland in 1999. The newspaper said it was the largest amount ever brought to the region.

The newspaper denied libel claiming the words complained of were true in substance and fact.

Following a five-day trial, the jury of seven women and five men was asked to decide whether the newspaper had proved, among other matters, that he was a drug dealer and a loan shark.

They had replied "No" in both cases. In response to two other questions, the jury found the newspaper had proven Mr McDonagh was a tax evader and a criminal.

On the basis of those answers, reached after two and a quarter hours deliberation, the jury awarded Mr McDonagh damages of €900,000 plus costs.

It was the biggest libel award in the State award - greater than the €750,000 awarded to businessman Denis O'Brien in November 2006 over an article in the Irish Mirror .

After the jury delivered their verdict today, Mr McDonagh hugged members of his family.

Hugh Mohan SC, for the Sunday World, said he would be making an application for a stay on the award pending an appeal.

Mr Justice Eamon De Valera said he would hear that application in a week's time.

Declan · February 29, 2008, 07:39:54 AM

How did they come up with such a big figure? A confirmed tax evader and criminal who has reached a settlement with CAB is libelled by being called a drugs king - Unreal

Zapatista · February 29, 2008, 07:46:16 AM

Fair play to him. The editor should have been jailed.

ludermor · February 29, 2008, 09:18:10 AM

Thats bollocks! How dd they put a value of 900k on it?

Zapatista · February 29, 2008, 09:24:30 AM

The value is put forward by the guys lawyer.It can be made up of anything from compo for lost sleep til stress suffered resulting in the loss of hair. The amount isn't important anyway as all the rag papers have an account to allow for this. It's well calculated. The paper should be banned from production for a month.

ludermor · February 29, 2008, 09:46:14 AM

im not doubting that the newspaper was wrong but the figure is ridiculious. im sure its well calculated, like the lawyer in the states who sued the dry cleaners for millions when they ruined his suit. Its easy to put figures on paper.

Zapatista · February 29, 2008, 11:54:14 AM

It could be relevant to the financial situation of the tabloid rather than the victim. If the tabloid made a profit of £100 000.00 from the article there would be no point in awarding £10 000.00 as the paper would still make £90 000.00 from the lies they printed. The tabloid would continue to print lies asn it would be profitable.

ludermor · February 29, 2008, 11:59:31 AM

FFS!
they wouldnt have made €9million in a year never mind off the back of one article. Only some of what the article stated was found to be false! If they are found guilty he sould be compensated a fair amount, if he had a full time job for the duration of the case and wasnt able to work because of the article he would not have got that much!

Zapatista · February 29, 2008, 12:03:03 PM

Is it Sir Tony O'Rielly who owns the paper? Google top Irish earners for 2007 or any year to see how much his empire of **** makes.

pintsofguinness · February 29, 2008, 09:10:05 PM

Quote from: ludermor on February 29, 2008, 09:46:14 AM
im not doubting that the newspaper was wrong but the figure is ridiculious. im sure its well calculated, like the lawyer in the states who sued the dry cleaners for millions when they ruined his suit. Its easy to put figures on paper.

The US and here are very different when it comes to this type of thing.
THe US will pluck bids from the air in an attempt to punish the offender, here the loss must be shown.

The Claw · March 01, 2008, 12:19:14 AM

No, i think in libel cases the jury decides the figure itself, with no suggestions from either judge or counsel.

TacadoirArdMhacha · March 01, 2008, 12:24:29 AM

QuoteNo, i think in libel cases the jury decides the figure itself, with no suggestions from either judge or counsel.

Jury decided in this case. I'd love to see them close down the Sunday World for a week instead of these large awards. More than any other paper, it really panders to the lowest common denominator in society.

pintsofguinness · March 01, 2008, 12:54:08 AM

Quote from: The Claw on March 01, 2008, 12:19:14 AM
No, i think in libel cases the jury decides the figure itself, with no suggestions from either judge or counsel.

That's not the case in the UK.

David McKeown · March 01, 2008, 01:08:45 AM

I was involved in a moot recently against kings inns in relation to defamation law, with three judges from both jurisdictions and its interesting to see how Ireland has probably the strictest laws in relation to defamation law of any eu country. That said I would expect this figure to go down on appeal.