Journalist vows to defend Lowry comments in court

Journalist Sam Smyth has told a court today that he will meet an application by Tipperary politician Michael Lowry head on in a defamation action.

Lowry is seeking a summary order against Smyth under the Defamation Act of 2009 which allows a court to give a ruling where a defamatory statement has been made and where the defendant has no defence likely to succeed.

Smyth is contesting the application which concerns comments made by him about the inquiry into Lowry being conducted by the Moriarty Tribunal.

His barrister Brendan Kirwan told Circuit Court President, Mr Justice Matthew Deery: “This is an unwarranted application and it will be met head on.”

Yesterday’s application was adjourned by consent until November 22.

The Moriarty Tribunal, which is scheduled to sit next week, last sat in March of this year.

In his defamatory action, Lowry alleges that comments made by Smyth on the 'Tonight With Vincent Browne' show on TV3 in June and an article he wrote in the Irish Independent in May were defamatory.

In both instances the comments concerned the tribunal’s inquiries. Smyth has been covering matters to do with Lowry since the mid-1990s. His story in November 1996 about Lowry’s home in Co Tipperary having been renovated at the cost of Dunnes Stores led Lowry’s resignation from Government.

Lowry’s affairs were later investigated by the McCracken (Dunnes Payments) tribunal, the Revenue Commissioners and more recently, Moriarty.

Lowry has initiated proceedings against Smyth but not against TV3 or Independent Newspapers.

The allegedly defamatory comments by Smyth concerned the tribunal’s inquiries into possible links between Lowry and businessman Denis O’Brien, whose Esat Digifone won the State’s second mobile phone licence when Lowry was Communications Minister.

O’Brien has threatened identical proceedings against Smyth.