Courts / Dublin / Report

RTE asks High Court to strike out politician's damages claim

Date
2021-07-23

Stage
Trial

Primary locality
Dublin City

County
Dublin

Summary

In a pretrial motion before Mr Justice Tony O'Connor, RTE has asked the High Court to strike out a damages claim brought by Labour politician Joe Costello. The action arises from RTE's defence in a 2018 defamation case brought by Sinn Fein activist Nicky Kehoe over comments made on a Claire Byrne radio broadcast in October 2015. In that prior trial, a jury found the broadcast implied Mr Kehoe was unfit for the democratic process, awarding him €3,500. The jury apportioned liability, finding Mr Costello 65% at fault and RTE 35% liable, though no judgment was entered against Mr Costello as he was not a party. Mr Costello now seeks damages from RTE and the State, alleging he was denied fair procedures and that RTE breached the 2009 Broadcasting Act. He also seeks declarations that a section of the 1961 Civil Liability Act is unconstitutional. RTE argues the claim is unstateable and bound to fail, noting Mr Costello did not pay the award. Counsel for Mr Costello rejected the suggestion the case lacks merit, arguing his reputation was damaged and he was excluded from the proceedings. Both parties deny the claims. The hearing of the pretrial motion was adjourned and continues next week.