Rugby players acquitted of rape lose bid to claw back legal costs
Lawsuit against BBC also dismissed
TWO former Irish rugby players who were acquitted of rape have lost a court bid to recoup the legal costs of their defence.
Ex-Ireland and Ulster stars Paddy Jackson, 26, and Stuart Olding, 25, wanted Northern Ireland’s Public Prosecution Service to pay bills totalling hundreds of thousands of pounds.
The men were unanimously acquitted by a jury, after a highprofile trial in Belfast earlier this year, of raping the same woman at a house party in the summer of 2016.
However, the pair were subsequently sacked by Ulster and Ireland amid controversy over a series of explicit WhatsApp messages that were revealed during the trial.
They claimed the failed prosecution had caused them serious financial hardship and limited their earning potential in the future. Both men are now playing for clubs in France.
Mr Jackson’s costs were considerably higher than Mr Olding’s, as the latter successfully applied for legal aid midway through the trial.
Lawyers for the players insisted their prosecution was not warranted, alleging multiple failings in the police and the Northern Ireland Public Prosecution Service’s handling of the case.
Judge Patricia Smyth rejected their applications yesterday.
She concluded that the decision to prosecute the men was justified.
‘This was a highly complex police investigation and the prosecution was warranted albeit the jury did not consider that the charges had been proved beyond reasonable doubt,’ she said.
‘Having considered all of the relevant factors, I am satisfied that there is no basis for exercising my discretion in the applicants’ favour. The applications are therefore dismissed.’
The judge noted that the players had not provided to the court details of their severance terms with Ulster and Ireland, including whether the prosecution was the official reason their contracts were terminated.
‘In those circumstances, there is simply no evidence upon which this court could conclude that the financial circumstances of either Mr Jackson or Mr Olding have been irrevocably changed as a consequence of the prosecution for rape and that this is a relevant factor to take into account in determining the applications,’ she added.
The two men endured another financial setback last May when they agreed to pay £20,000 (€22,243) in legal costs after the dismissal of their privacy lawsuit against the BBC.
They had issued writs seeking damages for misuse of private information after details were published online in November 2016 – months before charges were brought.
Their legal teams contended they were not given sufficient notice for a right of reply before the story appeared.
They claimed it was a private matter and raised issues about how the information was obtained.
The BBC opposed the claim, contending its reporting was factual and in the public interest, due to the two players’ profile, interest in provincial and international rugby, and the nature of the police investigation.