Counsel for Fianna Fáil TD Ms Beverley-Cooper Flynn told the High Court today she denied any dealings with the retired farmer who alleged in a series of RTÉ broadcasts in 1998 that she advised him to evade his tax obligations by investing money in a particular way.
Ms Cooper-Flynn alleges that between June 19th and July 1st 1998 she was libeled by RTÉ, Mr Charlie Bird and Mr James Howard, a retired farmer of Accord Way, Wheaton Hall, Drogheda, Co Louth.
On the opening day of the case, Mr Gareth Cooney SC said Ms Cooper-Flynn had been subjected to what amounted to a "trial by TV".
Mr Cooney outlined a series of broadcasts on RTÉ television and radio by journalist Mr Bird in the summer of 1998, which he said had a "devastating effect" on Ms Cooper-Flynn's reputation and good name.
The broadcasts referred to a period when Ms Cooper-Flynn was employed in the financial advisory service department of National Irish Bank (NIB) between 1989 and 1997. During that period she was employed to advise customers on how best to invest their savings.
The broadcasts dealt with the sale of the savings product, Clerical Medical Insurance, which was sold by the financial advisory service department of the bank. Mr Cooney said they constituted a small percentage of the savings products sold by Ms Cooper-Flynn when she was employed by NIB.
It was alleged that Ms Cooper-Flynn had advised a number of unidentified customers if they invested in the CMI product their money would be safe from the Revenue Commissioners.
Ms Cooper-Flynn denies all the allegations and any claims she ever encouraged anyone to invest in a financial product as a means of evading his or her tax obligations.
Mr Cooney told the court the Fianna Fáil TD was not given fair notice of the RTÉ broadcasts, opportunity to consult with the bank or a proper opportunity to respond to the allegations. He described the national broadcaster as having "a uniquely powerful position in Ireland" and "virtual unlimited access" to the public.
The first broadcast, on June 19th 1998, carried an interview with an anonymous retired farmer who claimed Ms Cooper-Flynn told him there was no need to avail of the tax amnesty in 1993. It also carried similar allegations made by other unidentified customers.
The identity of the farmer was later revealed as Mr Howard in a Sunday Independentarticle by Mr Jody Corcoran. The article also reported that NIB said it had no records to connect Mr Howard to Ms Cooper-Flynn.
The identity of the farmer had separately been discovered by Ms Cooper-Flynn who then denied ever having dealt with him. By referring to NIB documents she established that Mr Howard had invested in the CMI product but a colleague, named as Ms Patricia Roche, had handled his affairs, Mr Cooney told the Court.
Mr Cooney said RTE responded to statements issued by Ms Cooper-Flynn denying the allegations and any dealings with Mr Howard by broadcasting a record interview with Mr Howard and his daughter, Marina.
In the interview, Mr Howard said he stood over his claim 100 per cent, while his daughter recounted a visit by Ms Cooper-Flynn to the family farm in 1990.
Mr Cooney said the interviews showed that RTE were determined to stand over the story - "right or wrong".
He asked why Mr Bird had not asked Mr Howard could he have mistaken Ms Cooper-Flynn with Ms Roche even though the question was in the public domain - or why Mr Bird had not asked Mr Howard to provide documents to support his claims.
Ms Cooper-Flynn subsequently issued a statement indicating NIB documents supported her claim that she had not dealt with Mr Howard but that his affairs were handled by another employee.
The case continues tomorrow.