Rehab seeks defamation indemnity

The Rehab Group is seeking an indemnity from its former chief executive, Angela Kerins, in defamation proceedings brought against the charity over denials of developer John Kelly’s claims that he gave Ms Kerins use of a helicopter, a private jet, and hospitality worth €100,000 with a view to securing rights to buy Rehab’s property at Roslyn Park, Dublin 4.

Rehab yesterday secured a High Court order joining Ms Kerins as a third party to Mr Kelly’s defamation proceedings against the charity. In seeking that order, Rehab claimed it was induced by Ms Kerins into issuing the alleged defamatory statements and they were issued on her instructions that Mr Kelly’s claims were untrue.

Mr Kelly initiated his claim last June in proceedings, including a claim for aggravated and exemplary damages.

Mr Justice Anthony Barr yesterday told Karyn Harty, solicitor for Rehab, he considered it appropriate to grant her application to join Ms Kerins as a third party.

The application was grounded on an affidavit from Alison Diamond, another solicitor for Rehab, which said Mr Kelly is seeking damages for loss and damage allegedly suffered as a result of alleged defamatory statements published by Rehab to media outlets in March and April 2014. Liability was fully at issue and Rehab would rely, inter alia, on the defence of qualified privilege.

Ms Diamond said she was instructed that Ms Kerins was chief executive of Rehab at the time of the alleged publications.

When queries were raised of Rehab about a March 2014 newspaper article alleging Mr Kelly had given Ms Kerins use of a helicopter, private jet, and hospitality worth €100,000, Ms Kerins expressly represented to Rehab those claims were entirely untrue and she had no dealings with Mr Kelly other than of a social kind and certainly did not have discussions with him in respect of the transfer or sale to him of Rehab’s property at Roslyn Park, Ms Diamond said.

Ms Kerins had signed off on a statement issued to the media by Rehab, Ms Diamond added.

Mr Kelly later wrote to the Dáil Public Accounts Committee and was reported to have alleged he had provided certain hospitality and services to Ms Kerins with a view to securing rights to purchase the Roslyn Park property, the solicitor said. To date, Rehab had not been provided with a copy of that letter.

The judge directed the third party notice and statement of claim be served within four weeks and said copies of those, and of subsequent pleadings exchanged between Rehab and Ms Kerins, should also be served on Mr Kelly’s side.