A High Court jury yesterday decided RTE had proved that Fianna Fail TD Ms Beverley Cooper-Flynn had advised or encouraged a number of persons to evade tax, but they also found the defendants, RTE, Charlie Bird and Mr James Howard had not proved the TD had induced Mr Howard to evade tax.
Ms Cooper-Flynn received no damages after the jury decided her reputation had suffered no material injury because of the RTE broadcasts. The issue of who will pay the costs of the hearing, estimated at some £1.5 million, will be decided later.
After an absence of more than five hours, the jury decided the defendants had proved the Co Mayo Fianna Fail TD had advised or encouraged a number of persons referred to in evidence during the trial to evade tax.
But the eight men and four women found the defendants had not proved she had induced Mr Howard to evade his lawful obligation to pay tax by not availing of the tax amnesty.
Lawyers for the parties will return to the High Court on Tuesday week for a hearing in relation to costs.
Representatives of RTE, Mr Bird and Mr Howard are expected to claim they were successful while counsel for Ms Cooper-Flynn is likely to argue she was successful in that the defendants did not prove she induced Mr Howard to evade his lawful obligation to pay tax by not availing of the tax amnesty. The trial judge, Mr Justice Morris, will decide the matter.
However, the actual detailed costs' bills will not be worked out for some time and may eventually have to go before a taxing master of the High Court for a decision. Mr Howard has been indemnified in respect of his costs by RTE.
The jury had retired at 11.45 a.m. yesterday and adjourned at 1 p.m. for a one-hour lunch break. After returning in the mid-afternoon for guidance in relation to how they should handle some of the questions, they eventually returned at 4.45 p.m.
Mr Justice Morris spent much of Thursday evening giving his closing address to the jury and he again addressed the jury on parts of the evidence yesterday morning. He said counsel for the defence had stated in strong terms that the charge which he had given on Thursday was in some way slanted and that he was over-critical of one side.
After hearing submissions from defence counsel, he gathered they felt he had not done justice to their side of the case. He then recalled aspects of the evidence and said he wanted to restore as much balance as was possible.
The judge told the jury to disregard any description which he had given of Ms Cooper-Flynn as a sales girl. He had been told the term "sales girl" was a singularly inappropriate way to describe the plaintiff. In fact, she was a financial adviser.
Mr Justice Morris also agreed to a request from the jury, which was consented to by counsel, to allow the jurors to see videos of RTE's 9 p.m. news bulletins of June 19th and June 28th and the 6 p.m. bulletin of July 1st, 1998. They were among those about which Ms Cooper-Flynn complained and alleged libel.
Ms Cooper-Flynn (34), of Manor Village, Westport, Co Mayo, worked as a sales adviser with National Irish Bank for seven years before she was elected to the Dail.
She claimed that in the June/July 1998 broadcasts, words were used which meant she had instigated a scheme whose object as the evasion of the lawful payment of tax. On some broadcasts, Mr Bird interviewed Mr Howard (69), formerly of Ardcath, Co Meath, and now of Acorn Way, Wheaton Hall, Drogheda, Co Louth.
During the opening of the case, Mr Garrett Cooney SC, for Ms Cooper-Flynn, said his client had been held up repeatedly as a "pariah" by RTE. The anxiety and distress she had felt was acute, he added.