Our democracy will not fall down if a politician takes a libel action and that action fails, the jury in the High Court libel action by the Fianna Fáil TD Ms Beverley Cooper-Flynn was told today.
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Ms Beverley Cooper-Flynn
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Mr Paul O'Higgins SC, for Mr James Howard of Wheaton Hall in Drogheda in Co Louth, was today summing up his client's defence in the libel case taken by Ms Cooper-Flynn against RTÉ journalist Mr Charlie Bird and Mr Howard.
Mr O'Higgins said the case against his client is that he is a craven, cowardly man who involved himself in a destructive connivance with Mr Bird and to some extent with his daughter Ms Marina Howard. He allegedly did this as part of a vendetta against National Irish Bank and its employees.
He said Ms Cooper-Flynn had stated in her evidence she never had the slightest inkling that she was assisting people in the avoidance of tax and denied meeting with Mr Howard.
Mr O'Higgins said Ms Cooper-Flynn’s story was that she was a Little Red Riding Hood walking innocently through the CMI investment scheme.
"It appears to me that if the wolf appeared in bed without a stitch of granny’s clothing and the sheet pulled down, Ms Cooper-Flynn wouldn’t know it was a wolf," said Mr O'Higgins.
Mr O'Higgins suggested Ms Cooper-Flynn was not telling the truth about Mr Howard and far from being Little Red Riding Hood she is more like a female version of Kevin Costner and is quite happy to dance with wolves, and has done so for years.
The reason Ms Cooper-Flynn did not immediately refute allegations made in a broadcasts on RTÉ on June 19th, 1998 was because she had to check with the bank and with the audit department that there was no paper trail leading back to her, suggested Mr O'Higgins.
He said while Mr Howard was initially reluctant to come forward after the broadcast, it was not due to cowardice. It was the embarrassment of having to admit to his wife and family that he was a man who evaded taxes.
There was no question of an indemnity when Mr Howard went on television and he was putting himself in grave danger of being sued but he is no coward and he told the truth, said Mr O'Higgins.
Counsel then referred to a letter dated June 30th, 1993. In it, Ms Patricia Roche - who was an NIB employee at the time - makes it plain she was not aware that Mr Howard had a CMI policy, thus making nonsense of the suggestion by Ms Cooper-Flynn that Ms Roche had dealt with Mr Howard.
No bank employees have been called to rebut Mr Howard’s evidence, added Mr O'Higgins.
Referring to the suggestion that Mr Howard, Mr Bird and Ms Marina Howard concocted their story, Mr O'Higgins accepted there were disagreements between their evidence. But, he said, it was some conspiracy if you are going to agree to disagree in giving evidence.
Ms Cooper-Flynn claims she was libelled in broadcasts on RTÉ between June 19th, 1998 and July 1st, 1998 and words used on the programme claimed she had instigated a scheme, the object of which was the evasion of the lawful payment of tax.
The closing submissions continue tomorrow.
