Jury begins deliberations in defamation case against Denis O’Brien

High Court Reporter

A jury in a High Court defamation action taken by two lawyers against businessman Denis O’Brien has begun its deliberations.

Darragh Mackin and Gavin Booth, solicitors at Belfast firm Phoenix Law, claim Mr O’Brien and his spokesman James Morrissey implied in an October 2016 press release that they acted for and received payment from the IRA.

The solicitors say this arises from a sentence in the statement that reads: “Sinn Féin/IRA certainly got the report they paid for.”

Mr O’Brien made the statement in response to a report on media ownership in Ireland. Mr Mackin and Mr Booth were credited as co-authors of the report, which was commissioned by then-Sinn Féin MEP Lynn Boylan.

At the time of the report, Mr O’Brien owned substantial stakes in Irish media companies.

Mr O’Brien and Mr Morrissey deny the material defamed the solicitors or means what the solicitors allege. It is their case that the words mean the report was not fair or balanced, and served to further Sinn Féin’s political agenda.

The jury must decide what the meaning of the words complained of mean.

If they agree with the solicitors’ pleaded meaning, then they must then assess what damages they should be awarded to compensate damage to their reputations.

The solicitors’ side is seeking an award of general and aggravated damages.