Irish Daily Mail

Rugby players acquitted of rape lose bid to claw back legal costs

- Irish Daily Mail Reporter news@dailymail.ie

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.

 ??  ?? Cleared: Former Ulster star Paddy Jackson
Cleared: Former Ulster star Paddy Jackson
 ??  ?? Stuart Olding: Also sought money back
Stuart Olding: Also sought money back

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