Newspaper opposes O’Sullivan’s bid for more time for defamation action
THE ‘Irish Examiner’ has opposed former Garda commissioner Nóirín O’Sullivan’s application to be allowed more time to bring a defamation action against the newspaper.
Ms O’Sullivan, who served as commissioner between 2014 and 2017, claims she was defamed by the Cork-based newspaper in an article that appeared on the front page on October 4, 2016 headlined ‘Senior Garda tried to “destroy” source’.
The article reported that two senior gardaí had made statements under the protected disclosure whistleblower legislation alleging that senior Garda management conducted a major campaign to destroy them in the force in what was described as “a smear campaign”.
In February 2017, the Government announced that a commission of inquiry conducted by Mr Justice Peter Charleton would consider the claims in the disclosures made by Supt Dave Taylor and Sgt Maurice McCabe.
Ms O’Sullivan claims she was defamed in the article and has asked the High Court for an order permitting her to extend the time legally allowed to bring defamation proceedings against the newspaper.
The newspaper rejects her claims that she was defamed and says it published the contents of what two gardaí had made in protected disclosures about an alleged campaign to damage a garda whistleblower.
The story, the newspaper says, was dramatic news and hugely in the public interest given the concerns it raised, and that Ms O’Sullivan was not named nor identified in the article.
Under the 2009 Defamation Act, litigants have up to 12 months from the date of publication to bring defamation proceedings against the publisher.
However, under section 38, the High Court can extend the 12-month time limit to a maximum of two years.
The application was heard by Ms Justice Teresa Pilkington, who said she would give judgment as soon as possible.