NUJ welcomes decision to grant costs of Lowry case to reporter Smyth

The National Union of Journalists (NUJ) has welcomed the decision of the Circuit Court to grant journalist and broadcaster Sam Smyth legal costs against Deputy Michael Lowry following Smyth's successful defence of a defamation action against him by the Co Tipperary TD.

Irish NUJ secretary Séamus Dooley said the decision was "a source of satisfaction and relief" to Mr Smyth and was a striking demonstration of the effectiveness of the new Defamation Act.

Lowry had sought the declaration under the 2009 Defamation Act, which allows for a legal short-cut by way of summary judgment on the contention that Smyth had no possible defence to Lowry’s claim.

Mr Smyth had stood over comments in the Irish Independent and on TV3, arguing in court they were true and based on his honest opinion and constituted fair and reasonable publication in matters of public interest.

The case centres on comments concerning the McCracken and Moriarty tribunals and their inquiries into matters relating to Lowry’s finances. Lowry had alleged Smyth had made false and defamatory remarks about him.

Last December Judge Heneghan ruled that Mr Lowry had not established that Mr Smyth had no defence to the allegations of defamation. Her January decision has been appealed to the High Court.

Today Judge Heneghan granted costs to Mr Smyth and refused a stay on her order pending the High Court case.

Séamus Dooley said: "The decision of Mr Lowry to use the provisions of the Defamation Act to sue Sam Smyth as an individual journalist was a major source of worry to Mr Smyth. Using the defences open to him Mr Smyth was able to defend his professional reputation as a journalist of integrity.

"The Independent Newspaper chapel joins with me in welcoming the decision of the court. I hope this decision will give other people who seek to inhibit investigative journalism through use of the Defamation Act pause for thought."