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Lowry loses High Court defamation appeal against Sam Smyth

The High Court rejects Lowry’s claims that comments by Sam Smyth on TV and in print had defamed him.

INDEPENDENT TD and former minister Michael Lowry has lost a High Court appeal against broadcaster and journalist Sam Smyth over allegedly defamatory comments made against him.

High Court president Justice Nicholas Kearns rejected Lowry’s application for a summary order under the Defamation Act 2009, after Lowry had claimed Smyth had no arguable defence for the statements.

Lowry had originally brought the case to a Circuit Court in February of last year, but his application had been rejected on that occasion.

Lowry had contended that language used by Smyth on an episode of TV3′s Tonight with Vincent Browne on June 24, 2010 could be understood to mean that Lowry was a thief, corrupt, dishonest and an untrustworthy politician unfit to be a TD or minister.

In that TV3 exchange, Smyth said Lowry had been caught “with hand in till” and that he had “allowed the biggest business in the country to pay for the refurbishment of his home”.

He also said an article published in the Irish Independent the previous month – which included the line, “the total value of all the property transactions involving Mr Lowry was around stg£5 million” – would be interpreted as indicating Lowry had unlawfully benefited from property transactions by awarding a mobile phone licence to Esat while Lowry had served as Minister for Communications.

Lowry had sought a declaration that the statements were false and defamatory, and sought corrections in respect of both publications and an order prohibiting those statements from being published again, as well as summary relief against Smyth.

The court was told that Lowry had written to Smyth on July 30, 2010 to seek an apology and correction from him, but that Smyth had declined to do so.

Smyth claimed, in response, that the words he used were a fair and reasonable publication on a matter of public interest. His Irish Independent article needed to be read in conjunction with the proceeding paragraphs which he said referred to the investigations of the Moriarty Tribunal and its findings of September 2005.

‘Roadmap’

In respect of the words broadcast on TV3, Smyth said his words related to the fact that the lengthy trail of investigations into Lowry’s affairs – culminating in the Moriarty Tribunal – emanated from the fact that Lowry was found to have engaged in tax evasion and to have lied about his business and financial affairs.

In his ruling, Justice Kearns noted that although the wording of the Act – which provides for a correction to be broadcast or carried – appeared to be addressed to newspapers or TV, Lowry had not joined either Independent Newspapers or TV3 in his application.

He noted Lowry’s argument that Smyth’s arguments relied on the findings of the Tribunals, which themselves are inadmissible in other proceedings, and Smyth’s defence that Lowry’s inferred meanings were incorrect, as well as his claim that the statements were true, and also that Smyth was entitled to express an honest opinion on matters of public importance.

Justice Kearns said the fact that tribunal findings were inadmissible in other courts did not mean that could not provide a “roadmap” for other persons with an interest in its inquiries.

He said that Lowry himself had admitted that he had not paid tax on Dunnes Stores’ €395,000 refurbishment of his home, the subject of the original TV3 remarks, and that Smyth did not need to rely on Tribunal findings to argue this point.

With regard to the Irish Independent story, the judge said Smyth could have argued that pointing out a tribunal’s investigations into a possible link between the property transactions and Lowry’s awarding of the phone licence.

The phrase “hand in till” could have referred to the bills inappropriately picked up for Lowry’s benefit by his business interests, and his failure to pay tax on that amount, the justice said.

“It seems clear that the defendant has a good arguable case in respect of both publications,” Justice Kearns said.

Read: Michael Lowry refuses to resign after official request

More: In full: Micheal Lowry’s Dáil statement on his property dealings

Read: Lowry labels Moriarty “a scandal of truly epic proportions”

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51 Comments
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    Mute Seamus West
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    May 27th 2013, 4:39 PM

    The headline “Ireland’s proximity to Europe…”, I alawys thought we were in Europe!!

    93
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    Mute Gar.
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    May 27th 2013, 5:29 PM

    So what if its only one job. Every job created needs to be advertised to get people’s spirits up. Some moaners love doom and gloom.

    61
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    Mute vv7k7Z3c
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    May 27th 2013, 5:30 PM

    Nicely said Gar!

    29
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    Mute stupidlambu
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    May 27th 2013, 5:39 PM

    Af for god sake people cop on and wake up this is nothing in the scheme of things and also it is over 3yrs and we dont know if they are well paying or not.

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    Mute Maria Farrell
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    May 27th 2013, 5:49 PM

    @ Stupidlambu
    It’s not about how long they take to create all the jobs or how well they pay. I come from Kells and this will be a huge boost to the town. The loss of Quinn Insurance and the collapse of the construction industry was a massive blow to employment for young people in the town. I personally welcome any new employment opportunities for my friends and family.

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    Mute richardmccarthy
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    May 27th 2013, 6:43 PM

    You might call this negative, but as long as people in this country cant be bothered to get up off their a***s and provide themselves with employment by their own enterprising efforts ,they will continue to always rely on others to provide the jobs.

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    Mute Mgt Helena Byrne
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    May 28th 2013, 12:48 AM

    So true!!

    1
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    Mute Martin Byrne
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    May 27th 2013, 4:37 PM

    Next they will be announcing that the local chipper employed someone.

    55
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    Mute Mark Garrigan
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    May 27th 2013, 4:30 PM

    Woo hoo!All them jobs over the next 3 years….Well done

    51
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    Mute marcus de paor
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    May 27th 2013, 4:27 PM

    The government has an action plan for jobs ?…. now that’s news. .. though it was just an action plan for debt hobbling and emigration. … still good news for kells and it’s people…. lovely town

    43
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    Mute Scrap Croke Park1
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    May 27th 2013, 4:46 PM

    Don’t want to cynical but why must all employees come from the live register? Are these JobBridge positions? €50 a week jobs?

    Let’s hope they’re real jobs but here’s another question. If its part of the Succeed-In-Ireland program who gets the €1,500+ reward per job? No problem if it’s a genuine effort on someone’s part to get this company here but would love to know if they have FG connections

    42
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    Mute Hubert Morris
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    May 28th 2013, 10:56 AM

    I will and I’m a member of FF party

    1
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    Mute Adam Hurley
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    May 27th 2013, 4:56 PM

    Moan Moan Moan Moan Moan….now I feel like I fit in.

    34
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    Mute Vincent Dolan
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    May 27th 2013, 5:29 PM

    You need to throw in a “unsecured bond holders” somewhere to truly belong…

    25
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    Mute W.j.d.
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    May 27th 2013, 5:55 PM

    If only 1 person gets to stay and live in the country of their birth…. It’s a start….

    17
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    Mute Declan Hickey
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    May 27th 2013, 5:55 PM

    Sweet Jesus where are the muppets in government when 70 jobs are lost at once? Oh wait…they couldn’t be arsed.

    14
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    Mute Declan Carr
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    May 27th 2013, 6:11 PM

    Good news for the people of Kells that is if any of the people of Kells get the any of the jobs, and do you have any idea what year it is going to happen?

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    Mute Pablo
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    May 27th 2013, 6:50 PM

    What is basalt fibre and what is it used for? Sounds like there will be manufacturing at the plant and thats a good thing..

    7
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    Mute Jangles
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    May 27th 2013, 9:13 PM

    Its replacing the local hemp fibre industry recently busted by the Gardai.

    8
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    Mute Pablo
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    May 27th 2013, 9:58 PM

    Put my name down for a job so. Ill bring me own lamps..

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    Mute Mark Copas
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    May 27th 2013, 6:26 PM

    Wondering here when next big business shuts will minister be there for photos. Ida is bankrolling all new business. Fecking joke

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    Mute Michael Lawlor
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    May 28th 2013, 2:17 PM

    Some people just love pissing and moaning about everything… probably why the country has always messed up to many whiners with negative outlooks.

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    Mute Jack Bowden
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    May 27th 2013, 9:11 PM

    Anyone know what Basalt Fibre is?

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    Mute Jack Bowden
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    May 27th 2013, 9:19 PM

    I googled it. It’s a bit like fibreglass but has different properties.
    There is no basalt in Meath though, as far as I know. Antrim is the only place in the island you find basalt.

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    Mute Arbuthnot Fink
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    May 28th 2013, 2:21 AM

    BASALT!

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