RTÉ refused disclosure order in Norris case
It arises out of an interview by journalist Helen Lucy Burke on the Liveline radio programme in 2011 when Mr Norris unsuccessfully ran for the presidency of Ireland.
Mr Norris is suing RTÉ and Ms Burke, claiming he was defamed in the broadcast.
RTÉ denies libel and says the words complained of and meant, among other things, the senator was in favour of incest and of underage sex.
The Liveline interview arose out of an interview Ms Burke did with the senator in January 2002 for Magill magazine.
RTÉ also pleads Mr Norris endorsed Ms Burke’s article prior to publication and never challenged it at the time. It also says he favoured people being allowed make any choice of sexual activity they liked within very wide limits, guided by the principle of mutual consent with a bar only on intimidation, bullying or bribery. Mr Norris claims the words used meant, among other things, that he held evil beliefs and was unfit to be president or to hold public office.
He also says views were falsely attributed to him in the May 2011 broadcast which he never held or expressed. The quoted material was false and a deliberate distortion of what he actually said in his 2002 interview with Ms Burke, he says.
Ms Burke, who the judge hearing the application for document disclosure said was ill and may not be able to give evidence in the case, was previously refused a court order seeking disclosure of the same documentation which RTÉ sought in its application. She also denies he was defamed.
Mr Norris opposed the discovery application on grounds of delay and because the documents were not necessary for the RTÉ case.
Ms Justice Baker said the application for discovery was not brought for a legitimate purpose and was, in reality, a fishing exercise because RTÉ was looking for evidence to make a case which was not pleaded.
She refused an order for discovery
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