The former manager of Athenry Co-operative Mart in Co Galway has begun a High Court action for defamation. Mr Kevin Dooley is alleging he was defamed in a statement announcing his suspension as manager pending an investigation into the mart's affairs.
Mr Dooley's counsel, Mr Garrett Cooney SC, said his life had been ruined and his reputation destroyed.
Mr Dooley (53), a father of four, of Baunogue, Masonbrook, Loughrea, Co Galway, was entitled to "swingeing damages" for the "horrific consequences" of the defendants' actions, Mr Cooney said.
He was opening an action against Athenry Co-operative Mart Ltd, its chairman, Mr Padraig Raftery, vice-chairman Mr William Burke, and its secretary, Mr Gerard Colleran. Mr Dooley, who was manager of Athenry mart from 1977 to 1993, alleges he was defamed in a statement issued on or about March 27th, 1993. He claims the defendants published and distributed the statement, which allegedly contained the words: "Pending a detailed investigation into the affairs of Athenry Co-op Mart Ltd, the management committee of the society has suspended its mart manager, Mr Kevin Dooley.
"The steps necessary to finalise the society's accounts for presentation to shareholders have been taken and they will be completed shortly. When the accounts are available, an annual general meeting will be called, and details of the investigation into the society's affairs will be given to the shareholders."
Mr Cooney said the statement meant that Mr Dooley had acted dishonestly and it gave rise to a belief or suspicion that he had mismanaged and was negligent of the mart's financial affairs, had misappropriated its funds and was unfit for his position.
Mr Cooney said there was a crisis in the mart in 1991 and investigations were made by accountants and auditors. Mr Dooley had voiced suspicions about another person. That person had later conceded defrauding the mart of up to £90,000 and had alleged that Mr Dooley was fully aware of what he was doing. Mr Cooney said the allegation was completely false.
The defendants had never argued there was any truth in it. Mr Dooley had continued in his position until early 1993 when it appeared that Mr Raftery and others had decided he would have to be got rid of.
A letter was written by Mr Raftery to Mr Dooley on March 25th, 1993, which made several claims and sought a response, Mr Cooney said. After consulting his solicitor and seeking documents, Mr Dooley had written a strong letter on May 26th rejecting all the points made. But on March 27th the statement had been issued, counsel said.
The defendants deny they published or distributed the statement and deny that Mr Dooley's personal or professional reputation had been damaged or that he was caused anxiety or distress. If they printed or published the statement, which they denied, they denied it meant that Mr Dooley's suspension was necessary to facilitate an investigation into the mart's business or had the other meanings alleged by Mr Dooley. The hearing, before Mr Justice O'Higgins and a jury, is expected to last several days.