An attempt to ban part of tonight's BBC Spotlight programme's investigations into alleged Garda corruption in Co Donegal, failed in the High Court yesterday.
House developer Gerard Mackey told Mr Justice Frank Clarke that BBC cameramen and an interviewer burst on to the site of his new home near Carrickmacross, Co Monaghan, and had chased former garda Noel McMahon all over the place while asking him questions.
Mr Mackey claimed the BBC, in its footage of the dramatic chase, had identified his new home, his construction machinery and himself and possibly other members of his workforce.
He believed that if the broadcast of the footage was not restrained, members of the public may form the false opinion that he had been involved in Garda corruption or that his new home had been built from the proceeds of corruption.
Mr Mackey told the court he was a developer and ran Gerard Mackey Construction Ltd from premises near his home at Carrickasedge, Carrickmacross, Co Monaghan. He had never been involved in any form of criminality or dishonesty.
He had given a job as a labourer to former garda McMahon, despite having been aware of the allegations and findings against him arising from the Morris tribunal.
The BBC had now made a programme about McMahon and he had not expected to get dragged into the matter and have his reputation and business sullied by being featured on television in a sensational manner.
He said Stephen Walker had led the BBC team, which consisted of three television executives and three former army members, who may have been armed and wearing body armour, on to the site. They had followed McMahon on to the site and chased him around the property, which was well known locally as his new home. They had used force to break into the site and had caused €6,000 worth of damage to his new home.
Mr Mackey said that last Saturday a trailer advertising the Spotlight programme had been shown on BBC1 and BBC2 showing some of the footage in which his home was clearly identifiable.
He said the TV unit had been asked to leave but refused to do so.
They used abusive and threatening behaviour and language. They seemed to believe the property was connected to the allegations of corruption, he said.
Eoin McCullough SC, for the BBC, said his client's contention was that it did not say anything defamatory of Mr Mackey in the programme, which did not show him at all.