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Judgement reserved in RTE's bid to dismiss "Tweetgate" action
Summary
Judgement has been reserved in a pre-trial application brought by RTÉ to dismiss the action of businessman Sean Gallagher, which arose from the 'Tweetgate' incident during the 2011 presidential election. RTÉ argued that the case should be halted because Gallagher allegedly failed to comply with discovery orders, specifically regarding emails and documents generated during his campaign. Alternatively, the broadcaster sought an order compelling full compliance. Gallagher opposed the application, with his counsel, Niall Buckley BL, stating that he had largely complied with discovery obligations and that the remaining material was unavailable, irrelevant, or peripheral. RTÉ's counsel, Douglas Clarke BL, countered that the discovery was essential to their defence and that Gallagher's failure was manifestly prejudicial. Mr Justice David Keane reserved his decision, noting he would carefully study the submissions, without indicating when the judgement would be delivered. In his underlying action, Gallagher seeks a declaration that the October 2011 RTÉ Frontline debate was deliberately and unfairly edited to damage his electoral prospects. He claims damages for alleged breach of statutory duty, negligence, and misfeasance in public office, including exemplary damages for comments allegedly made by Pat Kenny. RTÉ denies these claims, asserting that Gallagher damaged his own prospects through his responses to specific assertions. The matter remains at the hearing or decision stage, with no final determination yet issued.
Who, what, where, when and why
What: Report matter: Judgement reserved in RTE's bid to dismiss "Tweetgate" action. Procedural stage: hearing_or_decision
When:
- October 2011 Hearing Or Sentence
- 2016-04-29 Publication
Why: In a pre-trial application, RTE has argued the case should be halted because, it claims, Mr Gallagher has failed to comply with orders to give it certain material which the broadcaster says is relevant to the case. CNI source report
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