€100k settlements for Higgins and Yates
Mr Higgins and Mr Yates had complained the articles, published in 2004, had defamed them by publishing untrue allegations by a man styling himself Kevin Fulton, a man referred to by the newspaper as a “rogue former spy”, which meant or was understood to mean the two men were British MI5 agents who had colluded with the IRA in a multi-million pound EU milk fraud.
They claimed the newspaper knew well, at the time of publication, that the allegations were false.
The first article complained of was published on October 17, 2004, under the headline: “Tribunal to unmask MI5 agents who sat in Dáil.”
The second article, published on November 21, 2004, was headlined: “FG politicians rubbish fraud claims. Bizarre allegations of multi-million EU scam by rogue former spy denied by Jim Higgins and Ivan Yates.”
Mr Higgins’ action was due to open before Mr Justice Eamon De Valera and a jury yesterday but, following several hours of talks between lawyers, Paul O’Higgins SC, with Jim O’Callaghan SC, for Mr Higgins, the court was told the action was settled.
Mr O’Higgins said a separate action over the same articles by Mr Yates, listed for hearing today, was also settled.
As part of the settlement, Eoin McCullough SC, with Oisin Quinn SC, for Independent Newspapers, then read an apology to the court.
Outside court, Mr Higgins said he was very relieved the case was over and that the reputations of both men had been vindicated. He said the articles represented “a very low form of journalism” and it was wholly irresponsible to publish such material about two politicians with “totally unblemished careers”.
Damien Tansey, solicitor for both men, said they had had no choice but to come to court to have their good names vindicated.
It had taken four years for the newspaper to apologise for publishing such utterly groundless claims, he added.
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