Cooper-Flynn ordered to pay all costs in RTE libel trial

James Howard
MAJOR RELIEF: Mr James Howard outside the High Court this evening. Photograph: Clodagh Mulvey

Mayo TD Ms Beverley Cooper-Flynn has been ordered by the High Court to pay all costs accruing from her libel case against RTÉ, journalist Mr Charlie Bird and retired Co Louth farmer Mr James Howard.

The costs of the 28-day trial are estimated to be between £1.5 million and £2 million. It was the longest libel trial in the history of the State.

Mr Charlie Bird told ireland.comhe was "delighted" with the result. He also said getting back to work was "the most important thing for everyone at RTÉ".

Mr Kevin Healy, RTÉ director of public affairs, said the company was "pleased the matter was at an end". He said RTÉ and Mr Bird had been "substantively vindicated".

READ MORE

Mr Howard also said he was pleased with the outcome of the seven-week-long trial which he said had been a "major ordeal for the family".

Beverley Cooper-Flynn
Ms Cooper-Flynn faces a legal bill of up to £2m

"I'm very very happy," he said. "I'm going home to Louth."

Ms Cooper-Flynn was not at the hearing as she is on holiday in Portugal.

President of the High Court Mr Frederick Morris today rejected pleas made by Ms Cooper-Flynn's counsel yesterday that the "normal rule" that costs follow the event should be disregarded in this case because of "special cause".

Mr Garret Cooney SC had put it to Mr Justice Morris that his client should not have to pay the costs of the trial as the jury had found Mr Howard's allegation - that she induced him to evade tax - was false.

He criticised the conduct of RTÉ and suggested it was also "special cause" to overrule the principle.

Giving his ruling today, Mr Morris said if the jury's finding regarding Mr Howard stood alone, it would have been of "immeasurable value". But coupled with the jury's finding that Ms Cooper-Flynn had advised or encouraged others to evade tax, her counsel's plea was "valueless".

Mr Morris said he did not think the plaintiff's claims were "grievous enough to depart from the general rule" that costs follow the event.

Ms Cooper-Flynn claimed she was targeted by Mr Bird; that he had not sufficiently researched allegations made against her; and that there were inconsistencies in Mr Bird's evidence.

On March 23rd, a jury found that RTÉ, Mr Bird and Mr Howard had proved Ms Cooper-Flynn advised or encouraged a number of persons to evade tax. But they also found the defendants had not proved Ms Cooper-Flynn had induced Mr Howard to evade his tax by not availing of the tax amnesty.

The jury also decided the Mayo TD had not suffered material injury and she was not awarded any damages.

Ms Cooper-Flynn has 21 days to appeal today's ruling.