O’Donoghue defamation proceedings against Kerry’s Eye

DEFAMATION proceedings are being brought by former TD, Minister and Ceann Comhairle, John O’Donoghue, against Kerry’s Eye newspaper over articles in an edition in October 2018 alleging the politician had been forced from political office because of lavish expenses, the Circuit Civil Court heard in Killarney on Tuesday.

Mr O’Donoghue had suffered great shame and embarrassment because of the article in the widely read newspaper, strongly wanted to defend his name, was “vehemently” pursuing the matter, and had sent a solicitor’s letter in November 2018 within three weeks of the article, the court heard.

Tuesday’s proceedings centred on applications in relation to joining the paper’s publishing company which it was claimed had only been highlighted to Mr O’Donoghue’s legal team by solicitors for Kerry’s Eye Ltd in March 2020.

Mr O’Donoghue was seeking an order to join Kenno Ltd, which the court was told was the publishing company of the Kerry’s Eye Ltd, both of the same address at Ashe Street, Tralee.

The proceedings were past the one year but with the two year limit, the court was told.

A related application sought, an order “if necessary” extending any time limits under Section 38 of the Defamation Act 2009.

Section 38 of the Defamation Act 2009 on the limit on taking proceedings as well as the 1957 Act on the Statute of Limitations were handed into court by barrister for Mr O’Donoghue, Katie O’Connell.

Richard Liston, barrister for the newspaper, told the court the applications were being “resisted”.

Barrister Ms O’Connell said by way of background, the “former minister and politician” John O’Donoghue was taking proceedings over an article on October 18, 2018, in the Kerry’s Eye Newspaper entitled ‘The Bull is Back’.

There were three articles within the one edition of the paper and they stated Mr O’Donoghue was forced to resign political office over lavish expenses.

On November 8, 2018, Mr O’Donoghue’s solicitor Denis J Linehan wrote to the editor of Kerry’s Eye. On November 21 he received a detailed response from Padraig Kennelly on headed notepaper from Kerry’s Eye Newspaper.

Mr Kennelly in his reply went into “significant detail”, including how the reporter, who is still employed by the paper, made a number of attempts to contact Mr O’Donoghue, Ms O’Connell said.

Mr Kennelly asked that correspondence be sent to himself, the barrister also said.

In March 2020, solicitors for defendant Kerry’s Eye Ltd highlighted to Mr O’Donoghue’s legal team that Kenno Ltd was the publisher of the Kerry’s Eye newspaper, she said.

Kerry’s Eye Ltd’s principal activity was the retail sale of books, newspapers and stationery, she said.

“The first time my solicitor became aware of Kenno Ltd was March 2020 and he immediately issued this motion,” Ms O’Connell said, of the application for an order to join Kenno Ltd in the proceedings.

It was “in the interests of justice” that her application be granted, she told judge Helen Boyle.

Mr O’Donoghue had “vehemently” pursued the matter from the outset and had within three weeks written to the editor of Kerry’s Eye.

Her client John O’Donoghue, Garranearagh, Cahersiveen, also lived in the county, the barrister said.

“This was a great source of shame and embarrassment to him and he strongly wants to defend his name. This is not a trivial matter,” Ms O’Connell said.

Mr Kennelly of Kerry’s Eye Ltd was also the director of Kenno Ltd and both companies had the same address at Ashe Street Tralee, she also said.

The same barrister, Mr Liston, was representing both in court on Tuesday, she also said.

Barrister Richard Liston, on behalf of Kerry’s Eye and Kenno Ltd, referred in detail to case law. He also said that it was incumbent on the plaintiff “to ascertain who the publisher was” and to do so in time.

Judge Helen Boyle said she wished to consider affidavits as well as the law in the matter and has reserved her decision to Tuesday next, June 30.

John O’Donoghue