High Court jury finds Denis O’Brien defamed two solicitors in press release

Denis O’Brien made the statement in response to a report on media ownership in Ireland. File photo: Niall Carson/PA

Denis O’Brien defamed two lawyers in a 2016 press release that implied they acted for the IRA, a High Court jury has found.

Mr O’Brien and his spokesman James Morrissey must pay solicitors Darragh Mackin and Gavin Booth €411,750 each to compensate the damage done to their reputations arising from the defamation. The jury awarded general and aggravated damages.

The solicitors, partners at Belfast firm Phoenix Law, brought the proceedings against Mr O’Brien and Mr Morrissey complaining of a sentence in the statement that read: “Sinn Féin/IRA certainly got the report they paid for.” 

Mr O’Brien made the statement in response to a report on media ownership in Ireland. Mr Mackin and Mr Booth were credited as co-authors of the report, which was commissioned by then-Sinn Féin MEP Lynn Boylan.

At the time of the report, Mr O’Brien owned substantial stakes in Irish media companies.

The solicitors asserted that the complained-of sentence meant they were paid by and acted for the IRA.

Mr O’Brien and Mr Morrissey had denied the material defamed the solicitors or meant what the solicitors alleged. It was their case that the words meant the report was not fair or balanced, and was designed to advance the political agenda of Sinn Féin.

After two hours and 20 minutes of deliberation, the jury of nine men and three women on Friday found that the words complained of meant both solicitors acted for an unlawful organisation, the IRA. They had no other defences to consider.

The jury said the solicitors should be awarded €270,000 each in general damages. This reflects damages for a very serious defamation — according to Supreme Court guidelines, a jury should only award more than €300,000 in exceptional cases.

The jury awarded the solicitors €141,750 each in aggravated damages. Mr Justice Tony O’Connor made an order against O’Brien and Morrissey for the solicitors’ legal costs.

The judge thanked the jurors, and excused them from jury service for five years.

In a statement, Johnsons Solicitors said Mr O'Brien's press release “advanced serious and entirely baseless” allegations against their clients, Mr Booth and Mr Mackin.

“The jury’s award of substantial damages, together with aggravated damages, delivers a public vindication of our clients’ reputation and professional standing.

This outcome underscores the gravity of the defamatory allegations and reaffirms that such unfounded attacks on individuals who serve the justice system should not be tolerated.

The solicitors were represented by Tom Hogan SC, Mark Harty SC and barrister Conan Fegan, and instructed by Johnsons Solicitors.

The O’Brien side was represented by Darren Lehane SC and barrister Joe Holt, and instructed by Meagher Solicitors.