A High Court judge has directed that a letter be issued to the American courts requesting them to direct US rap star Eminem to give evidence on oath to a US district court about the circumstances of his pull-out from a gig at Slane two years ago.
Mr Justice Peter Kelly made the order yesterday after saying it appeared Eminem is not prepared to come to Ireland or give evidence by video link and be the subject of examination for the civil action before the High Court here.
On the application of three insurance companies being sued over the rap star's pull-out from the Slane gig, Mr Justice Kelly directed the issuing of a letter of request to the US District Court of the Eastern District of Michigan for the examination on oath of the star whose real name is Marshall Mathers III.
The letter of request will now go to the Department of Foreign Affairs and from there to the US secretary of state before being transferred to the US court.
However, the judge refused an additional application to direct that Eminen's testimony would be heard in private in the High Court proceedings here.
The testimony is being sought in an action where concert promoter MCD is suing three UK insurance companies for €1.5 million over their failure to pay the promoter arising from the cancellation of Eminem's planned gig at Slane Castle in March 2005. The gig was scheduled for September 17th, 2005, as part of Eminem's "Anger Management" European tour but was cancelled due to what his manager described as the rapper's exhaustion.
MCD says the sum of €1.5 million is the maximum amount it can pursue the insurance companies for under the terms of an insurance contract of June 29th, 2005. Alternatively, it is seeking damages for alleged breach of contract. The action has been brought by MCD Productions Ltd against three London based insurance companies - Liberty Syndicate Management Ltd, trading as Liberty Syndicates LIB44722 at Lloyds, Brit Insurance Ltd and Markel International Ltd.
In court yesterday Mr Justice Kelly said he had been asked to give a guarantee that Eminem's testimony in relation to his state of health would be in private. This would not only be inappropriate but there was also a constitutional mandate that justice be administered in public which must be respected, the judge said.