The Supreme Court yesterday cleared the way for presenter Chris Barry to broadcast on Dublin commercial radio station 98FM. But a full hearing of proceedings by his former station FM104 to stop him going to 98FM will be heard in the High Court on June 16th.
Mr Barry had been broadcasting on FM104 for some years until he left last December. FM104 brought proceedings to stop him breaking what it claimed was a contract of June 11th, 1996, due to run until January 1999.
Last Thursday FM104 failed to get an interlocutory injunction preventing Mr Barry broadcasting on its rival station 98FM pending a full trial of the action. But the High Court extended until 6 p.m. yesterday a temporary injunction previously granted to prevent Mr Barry broadcasting on 98FM.
Following the Supreme Court decision, 98FM's general manager, Mr Ken Hutton, and Mr Barry, whose real name is Ciaran Gaffney, said the presenter would be a guest on a 98FM programme last night.
Applying in the Supreme Court for an order to prevent Mr Barry broadcasting on 98FM pending the trial, Mr Ercus Stewart SC, for 104FM, said the High Court had set June 16th for the hearing of an appeal against Mr Justice O'Sullivan's decision of last week. All that was being sought was for the status quo to remain until the trial date.
Mr Richard Kean SC, for Mr Barry, opposing the application, said that if what was being sought was allowed it would be in effect be a "back-door" interlocutory injunction.
The presiding judge, Mr Justice O'Flaherty, sitting with Mr Justice Murphy and Mr Justice Barron, did not think one could, anywhere in the world, get such expedition in fixing a date as had been provided by the High Court in this matter.