Defamation case againstKerry’sEye and its publishing arm to proceed

There were three articles in the edition of October 18, under the headings: “The Bull is back”; “Minister with a taste for luxury” and “The Bull plans to return to politics”.

The articles alleged Mr O’Donoghue had pursued a lavish and luxurious lifestyle in public office at the taxpayer’s expense and claimed and was paid thousands of Euros expenses for himself, his wife Kate Ann and some of his staff, the judge read from the grounding affidavit by Mr Linehan solicitor.

They meant he “falsely or fraudulently” claimed €900 a night at the Radisson Hotel in Liverpool and that he was obliged to resign as Ceann Comhairle; that he was criminally reckless or negligent in claiming public money and unfit to hold public office, the judge read.

In defence, Kerry’s Eye Ltd had said that the statements were true in all material effects and the articles had been published in good faith and in the public interest and for the public benefit in that there was the reappearance in public life of a politician who had resigned from the Dáil.

Mr Kennelly on November 21, 2018, had put in a robust defence that the article was balanced and a matter of public interest locally and nationally; the journalist had attempted by phone to contact Mr O’Donoghue a number of times and the articles were based on information widely published and unchallenged. Much of the information complained of had been released to Ken Foxe under the Freedom of Information Act, the judge also read from the response from Kerry’s Eye.