RTÉ bids to quash TD’s libel appeal

RTÉ will try to have Beverly Cooper Flynn’s appeal of the verdict in her libel case struck out because of a lengthy delay and lack of progress in the proceedings.

The national broadcaster is considering an application to the Supreme Court to determine if the Mayo TD's appeal of the case she lost should be discontinued.

In 2001, Ms Flynn claimed she was defamed by an investigation carried out by RTÉ reporters Charlie Bird and George Lee into the NIB Clerical Medical offshore investment scheme.

However, a jury found in favour of RTÉ, who had claimed Ms Flynn and other NIB staff had encouraged investors to participate in tax evasion investment schemes. Ms Flynn was an employee of NIB at the time.

She was faced with a €2.5 million legal bill, the amount estimated to have been incurred by both sides during the High Court case, the longest libel hearing in Irish legal history.

According to a source in RTÉ, there has been little progress in the case since the Mayo TD lodged her appeal two years ago.

An unsuccessful Supreme Court appeal allied to any critical finding of her role in the upcoming High Court Inspectors report on the NIB offshore investment scheme could put a serious question mark over Ms Flynn's future in the Fianna Fáil parliamentary party. Ms Flynn was not available for comment yesterday.

It is understood RTÉ has been waiting for the appeal process to be progressed by Ms Flynn's side. It is actively considering getting it struck out because of the long period of non-activity, according to the source.

The issue is slightly complicated because the final High Court report into the National Irish Bank (NIB) offshore investment schemes is expected to be completely shortly, following five years of investigation.

If the report is critical of Ms Flynn's role in the investment schemes, it may dissuade her from continuing with the appeal.

However, it was pointed out that there is "no correlation" between the NIB report and the appeal because both are separate processes.

At the time of the verdict, Ms Flynn said she did not have the means to pay the €2.5 million legal bill.

RTÉ did not pursue its costs pending the outcome of the Supreme Court appeal.

In the wake of the verdict, Ms Flynn lost her whip in the Fianna Fáil parliamentary party.

But by the time she contested last year's general election she had been restored as an official candidate. She returned to the parliamentary party fold when the new Dáil commenced in June 2002.

The impression given by Fianna Fáil after the High Court case was that Ms Flynn's future in the parliamentary party was contingent on the outcome of the Supreme Court appeal.

But a remark from Taoiseach Bertie Ahern that he was prepared to let "bygones be bygones" may mean the outcome of the Supreme Court appeal may not be an issue for Ms Flynn.

In 1998, following the report by RTÉ, Tánaiste Mary Harney applied to the High Court to allow her appoint two inspectors, retired Supreme Court judge John Blayney and accountant Tom Grace, to investigate NIB'S offshore investment schemes.

Having produced interim reports, the final report is expected to be published sometime in the autumn.