The Sunday World, the popular paper sold across Ireland, has urged the Dublin appeal court to overturn a jury’s libel decision, and its award of €900,000 (£637,000), to a man it described as a “Traveller drug king.”
Martin McDonagh was paid €90,000 of the €900,000 award, made in 2008, pending the outcome of the newspaper’s appeal.
He had sued over an article published by the Sunday World in September 1999 when he was under detention for questioning about a drug seizure in Co Sligo. McDonagh, who denied any involvement, was ultimately released without charge.
The newspaper denied libel and pleaded justification, arguing that the contents of the article were true. The jury disagreed. It decided the paper had failed to prove McDonagh was a drug dealer.
In its appeal, the Sunday World argued that the jury’s findings were perverse and contrary to the weight of evidence. It contended also that the amount of the award was “excessive and disproportionate”. The court should bear in mind the “chilling” effect on journalism of high libel awards.
[Another large award by Irish jurors, as I reported last week, is the subject of an appeal by Independent Newspapers to the European Court of Human Rights].
McDonagh’s counsel, Declan Doyle SC, said calling someone a drug dealer was about the worst thing anyone can say about a person and the article had had a “devastating” effect on his client.
He also said it was not helpful to assess damages in defamation cases according to standards of awards in personal injury cases.
The three judges reserved their judgment on the appeal.
Sources: Irish Times/Irish Examiner
