Declan Ganley seeks orders in RTÉ defamation case

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Three pre-trial motions in Declan Ganley’s High Court defamation action against RTÉ began before Justice Max Barrett on 13 December 2016. Two were brought by Ganley and one by RTÉ. The proceedings were reported on 13 December 2016. The action began in 2012.

Ganley claimed a November 2008 RTÉ Prime Time programme conveyed meanings that he had links to organised crime; falsely claimed to be a paid advisor to the Latvian government; was involved in the death of a close business associate; caused a fund to lose thousands of Albanian pensioners’ life savings; and covertly worked for the US Central Intelligence Agency and/or a group known as ‘Neocons’.

RTÉ denied defamation and disputed that the words meant what Ganley alleged. It also pleaded truth or justification, saying the overall sting was that Ganley tended to make false or exaggerated claims about business or other matters. Ganley denied that contention.

Ganley sought to strike out aspects of RTÉ’s defence, including that contention. He also sought orders requiring compliance with earlier discovery orders, which his lawyers claimed RTÉ had not obeyed.

RTÉ opposed his applications and sought to cross-examine him about discovered documents. It said Ganley, who had sworn three discovery affidavits, had not made full and proper discovery. Ganley opposed RTÉ’s application and rejected its claims about his discovery.

RTÉ said it had filed a discovery affidavit and documents under seal with the High Court. It argued those materials should be withheld from Ganley and his lawyers until he made full and proper discovery.

The hearing was expected to last three days and was continuing. No trial date had been set.