State Archives: Department concerned about Bernie Murphy libel case

The Department of Foreign Affairs was extremely concerned in the late 1980s that its staff would get dragged into a libel action taken by a colourful councillor from Cork against a Sunday newspaper over its coverage of a trip he had taken to the US for a new set of false teeth.

State papers released under the 30-years rule show department officials feared Ireland’s consul general in San Francisco at the time, Brian Nason, could become a central figure in any court case as well as the risk that the State or Mr Nason would also be sued for defamation.

Bernie Murphy, an illiterate sandwich-board man who had stunned local politics in Cork when he was elected to Cork Corporation in 1985 as an independent councillor, had offered to collect $1m promised to Cork by the mayor of San Francisco, Diane Feinstein, during a high profile visit he made to the US in March 1986 for new teeth which he claimed he could not obtain in Ireland.

Mr Murphy received widespread publicity for arriving at City Hall in San Francisco with an empty suitcase to collect the money, although he left empty handed.

However, Mr Murphy successfully sued the Sunday Press for libel for an article it published in which it quoted Mr Nason’s comments about the visit.

The councillor claimed the report, among other things, suggested he had indulged in conduct which would jeopardise relations between Cork and San Francisco which were twinned cities, as well as attending a fundraising dinner for himself and the IRA.

The legal action set the newspaper back an estimated IR£50,000 in damages and costs. Mr Murphy got an award of £2,000 plus £4,000 in legal costs after the case was settled after a four-day trial.

One official in the Department of Foreign Affairs noted that the consul general had made a “not insignificant contribution” to the offending article.

The Office of the Attorney General told the Sunday Press that “the department is anxious to assist the newspaper but does not wish to be drawn into the case or to do anything that might invite a further action”.

In another letter, it said it seemed a defence of fair comment could be used in relation to Mr Nason’s remarks about Murphy.

Mr Nason was also asked for any facts which supported the claim Mr Murphy was being “used” by US columnist Warren Hinkel and an associated committee, who had organised his visit to San Francisco.

The consul general told the Department of Foreign Affairs that he had been quoted accurately although some of the comments had been provided “off the record” but the journalist had “went far beyond what was agreed”.

Mr Nason told officials he was under pressure at the time of the visit from Cork City Hall and the Minister for Foreign Affairs, Peter Barry “to act decisively to protect Cork’s image”.

He said Mr Barry had taken “a keen interest in events” and had requested information “more than once”.

Mr Nason said he was also requested by “an annoyed Mayor Feinstein” to intervene with Mr Hinkel as feelings in the Irish community in San Francisco had been running high as many had been offended by the journalist’s earlier visit to Cork and derogatory comments he had made about the city.

He claimed Mr Hinkel’s links with Noraid, a fundraising group for the IRA, were “proven beyond question” and that the columnist had been assisted by other Noraid members who “consistently attempt to undermine the position of the consulate”.

Mr Nason described Mr Murphy’s visit to the US as “rather sophisticated in many ways” while its obvious objective was to embarrass the consulate.

The consul general said Mr Murphy had been conferred with an honorary doctorate of law by the New College of San Francisco which he described as “a correspondence-course type institution not held in very high regard locally”. At the ceremony, the Cork councillor was compared to great figures of the 20th century such as Gandhi.

Commenting on the award, Mr Nason remarked: “This was the last straw in the Irish community.”

Mr Murphy, who was a one-term councillor, died in 2007 at the age of 72.