Supreme Court sets aside verdict in brothers' defamation action

Two Dublin brothers have won their Supreme Court appeal against a jury's decision to dismiss their libel action against the Star Sunday newspaper.

Alan Bradley and Wayne Bradley had claimed a two-page spread in the newspaper wrongly meant they were involved in serious organised criminality in Dublin.

In February 2006 a jury at the High Court found that the brothers were not identified in the article in the Star Sunday newspaper.

The newspaper claimed the brothers were not identified in the article and contended they were not defamed by the article.

The brothers appealed that decision arguing the outcome of the trial was "fundamentally unsatisfactory," and sought a new trial. The newspaper opposed the appeal, and argued that the jury's decision should stand.

This morning the Chief Justice Mr Justice John Murray, Ms Justice Susan Denham, Mr Justice Adrian Hardiman, Mr Justice Nial Fennelly, Mrs Justice Fidelma Macken set aside that verdict and ordered that a retrial take place.

The court's decision was unanimous. In his Judgment Mr Justice Nial Fennelly found that the evidence including an article published in August by the newspaper that referred to the one of June 13, 2004 should have been put before the Jury.

In his judgment Mr Justice Adrian Hardiman held that the jury were wrongly told by the trial judge Ms Justice Elizabeth Dunne that they should not consider a particular section of evidence concerning the brothers alleged reputation in considering the issue of identification.