The High Court refused an application for leave to seek judicial review of a Circuit Court decision dismissing Roy Mackarel’s defamation claim against Cathal O’Brien and Monaghan County Council. Mr Justice Noonan ruled that Mackarel had not shown stateable grounds or an arguable case in law. He also said an appeal already brought to the High Court offered an adequate remedy.
Mackarel, formerly a part-time firefighter employed by the Council at Ballybay fire station, claimed damages after O’Brien presented a plaque at his 2012 retirement that listed firefighters who had served at the station since 1922 but omitted Mackarel. The plaque was not erected; it remained on a table for about three hours and was seen by no more than seven firefighters on duty.
Mackarel began the defamation proceedings in the Circuit Court in March 2013. At the hearing on 8 July 2014, his counsel sought an adjournment to prepare a replying affidavit and obtain discovery. The judge refused the adjournment and the trial proceeded. After Mackarel’s case, the defence sought a non-suit, arguing that no witness evidence showed anyone thought less of him because of the publication. The Circuit Court granted the application and dismissed the claim with costs to the notice parties. Mackarel served a notice of appeal to the High Court two days later.
In his judicial review application, Mackarel alleged that the trial judge lacked jurisdiction because of defects in the notice of trial and that refusing an adjournment denied him fair procedures. He also complained about Council counsel’s participation, saying counsel had previously represented him in an employment-related matter, and alleged that his own counsel was interrupted and could not make submissions. Those allegations were denied in affidavits filed for O’Brien and the Council.
Mr Justice Noonan said the notice-of-trial rules did not make proceedings void for non-compliance, and no objection or application to set the notice aside had been made at the Circuit Court hearing. He found no demonstrated prejudice from the refusal to adjourn: the discovery request was made the day before trial, and the Council had provided the only document it held within the requested categories, a list of Ballybay firefighters. The judge also found no material supporting the claims about interruption or inadequate submissions in the available recording excerpts.
The court’s decision concerned only whether leave for judicial review should be granted. It did not rehear or decide the appeal from the Circuit Court judgment. The judge said that appeal would provide a full de novo hearing and allow Mackarel to seek discovery and raise issues about legal representation. He refused leave.