Kelly to get €70,000 after Arms Trial book libel action

FORMER Irish army captain James Kelly is to receive €70,000 after taking a libel action arising from a book on the 1970 Arms Trial.

Capt Kelly, 74, brought his action against publishers Gill and MacMillan Ltd and former Taoiseach Garrett Fitzgerald. Outside court, Capt Kelly said the €70,000 is being paid by the company. He was also given an apology.

The apology said Gill and MacMillan Ltd, as publishers of The Arms Trial by Justin O’Brien, wished to point out that any references contained to Capt Kelly in the book “suggesting or implying that Capt Kelly was guilty of wrongdoing or improper conduct or that he had acted upon inappropriate orders from persons other than his military superiors and/or the Minister for Defence are untrue”.

It continued: “We unreservedly withdraw the statement attributed to Dr Garrett FitzGerald at page 220 of the book that the acquittal of Capt James Kelly was a totally perverse verdict and that the jury were intimidated or disregarded the evidence and acknowledge Dr Fitzgerald’s comments as set out therein are inaccurately quoted.

“We acknowledge that Capt Kelly was guilty of no wrongdoing or improper conduct and at all material times acted properly and bona fide in his capacity as an officer in the Permanent Defence Forces.

“We apologise for any hurt and distress caused to Capt Kelly by reason of the publication.”

Mr Justice John Quirke was told the action could be struck out with no order. Afterwards, Capt Kelly said he was delighted and he called it his first public vindication in 33 years.