Jury fails to reach verdict in 'Irish Examiner' defamation trial

High Court jury unable to agree outcome after 24 hours’ deliberation in case taken by former planning institute executive

Irish Examiner editor John O Mahony and Irish Examiner reporter Mick Clifford leave the Four Courts. Picture: Collins Courts

A jury has failed to reach a verdict in a defamation case against the Irish Examiner, taken by a former senior executive of the Irish Planning Institute.

At just after 2pm on Wednesday, the jury returned to Court 25 at the Four Courts and informed Tony O’Connor that it had been unable to reach a final decision after 24 hours of deliberations.

Earlier, Justice O’Connor had informed the jury of five women and six men that a simple majority of nine would be sufficient to reach a verdict.

When the judge asked the jury’s foreperson whether further deliberation might produce a result, the foreperson replied: “I don’t think so.”

The case was taken by Orla Purcell, former executive director of the Irish Planning Institute, who alleged she had been defamed by two articles written by senior journalist Mick Clifford and published in January 2023 in the Irish Examiner.

Ms Purcell claimed that allegations about her contained in an investigation report by consultancy EY were presented as fact in the articles and had damaged her reputation.

The Irish Examiner denied the claims, stating the articles were published in the public interest and constituted fair and reasonable publication.

The jury had been deliberating since just after 2pm on Wednesday.

Justice O’Connor thanked the 11 jurors for their service, discharged them, and ruled they would be exempt from further jury duty for five years from the present date.

The case will now be held over for mention on May 20, when the issue of costs may be considered.