Jury in O’Brien defamation case to begin deliberations

THE jury in the action by Denis O’Brien alleging he was defamed in articles published in the ‘Sunday Business Post’ will begin considering its verdict today.

Mr O’Brien is suing Post Publications Ltd, publisher of the ‘Sunday Business Post’, over articles published over six pages in the newspaper of March 15, 2015.

The articles named Mr O’Brien as among the 22 biggest borrowers from Irish banks in 2008.

Their focus was a confidential PwC report given to the Government in November 2008 which looked at the exposure of Ireland’s banks in 2008.

Journalist Tom Lyons got a copy from a source in 2015 and shredded it shortly after the articles were published, to protect the source.

Mr O’Brien claims the articles, including articles headlined “The Gang of 22”, wrongly meant he was among a “gang” of 22 borrowers who “wrecked the country” and that they defamed him and injured his reputation. He also alleges malicious publication and, in that context, is seeking punitive damages.

The defendant denies the words mean what he alleges, denies defamation and malicious publication, and has pleaded “fair and reasonable publication on a matter of public interest”.

The 11 jurors, eight men and three women, were instructed in the law by Mr Justice Bernard Barton yesterday after which he asked them to return to court at noon today to begin their deliberations.

During the High Court case, the jury has heard evidence from three witnesses – Mr O’Brien, Mr Lyons and former ‘Sunday Business Post’ editor Ian Kehoe.