Mr Justice Flood this evening said no written request asking the Tánaiste, Ms Mary Harney, to make extensive disclosure of her financial records has been made by the Flood tribunal.
In statement to Ms Harney’s solicitors, Mr Justice Flood said while the work of the tribunal was private and confidential, in light of the current High Court proceedings he had decided to clarify the matter.
Earlier today, lawyers for Magill magazine told High Court the publication stands over the essential truth of an allegation that Ms Harney has been asked by the Flood tribunal to make extensive disclosure of her financial records.
The High Court was told by counsel for Magill, Mr Eoin McCullagh, that the magazine stood over the essential truth of the article and that it was not defamatory.
Ms Harney's lawyers told the court the allegation contained in the Magill article was absolutely untrue.
The magazine had printed and distributed nearly 30,000 copies of its May edition, Mr McCullagh said.
Ms Harney’s lawyers had sought to serve an injunction barring publication of Magill. However, Ms Harney's lawyers accepted this afternoon that there was now no point in seeking the injunction as the majority of issues had already been distributed.
Mr McCullagh said while his clients accepted no formal order has been made by the Flood tribunal to Ms Mary Harney, a formal written request had been made to her seeking details of her financial affairs.
He told the court that Magill was not planning to publish any more copies of its May edition.
But Mr Seán Ryan SC, for Ms Harney, disputed and denied that any request had been made to Ms Harney by the Flood tribunal. He said this matter remained in dispute.
He said unless he was seeking an order to chase down every copy of the magazine, in the circumstances there was nothing for him to proceed against. There was nothing in the way of injunctive relief that he could seek for his client, he told the court.
Mr Ryan said the solicitor to the tribunal, Ms Máire Anne Howard, had confirmed that no order had been served to Ms Harney requiring her to swear an affidavit dealing with certain financial transactions.
Mr Roddy Horan SC, for Newspread Ltd, one of the defendants, told the court Newspread had taken possession of 14,800 copies of the May issue of Magill.
Some 14,699 of these had been distributed to 2,031 newsagents throughout the country. He told the court "the horse has well and truly bolted". He also told the court that Newspread would be distributing any remaining copies.
Counsel for Easons (Wholesale) Ltd said the company had largely distributed all copies from its Dublin warehouse but copies had not yet been distributed in Cork.
Mr Justice McCracken, said he would suspend the matter of costs. Defamation proceedings are being issued.
