O'Brien action against 'Mirror' opens

Businessman Denis O'Brien told the High Court yesterday he "never, ever" gave money to former government minister Ray Burke

Businessman Denis O'Brien told the High Court yesterday he "never, ever" gave money to former government minister Ray Burke. Nor was he ever asked for money by Mr Burke, Mr O'Brien said.

Mr O'Brien was giving evidence at the start of his action for damages against Mirror Group Newspapers Ltd over an article published in the Irish Mirror in June 1998. The article alleged Mr Burke was to be investigated for an alleged third payment of £30,000. The article also referred to an anonymous letter alleging the donation came from "radio boss Denis O'Brien".

The newspaper has admitted libel, that its story contained the meanings Mr O'Brien has alleged, and that the story is untrue. The case is before a jury for assessment of damages only.

In court yesterday, Mr O'Brien was asked by his counsel, Hugh Mohan SC: "Have you ever bribed anyone?"

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Mr O'Brien replied: "I never bribed anyone. Nobody."

He told the jury he could not believe what the Irish Mirror was alleging in the article "Burke in new IR£30,000 probe" and on inside pages on its edition of June 10th, 1998. The inside page contained 11 questions put to Mr O'Brien, and his answers.

"I was horrified that they would make the accusation. They were trying to damage my reputation. The article was an assassination attempt," Mr O'Brien said.

Mr O'Brien brought proceedings against the Mirror Group of Newspapers Ltd, the then editor in chief of the Daily Mirror, Piers Morgan, and the then editor of the Irish Mirror, Neil Leslie.

Mr O'Brien claimed the articles were published falsely and maliciously and in their natural and ordinary meaning or by way of innuendo meant Mr O'Brien had paid £30,000 to Mr Burke, who was a member of the then Irish government.

The words also meant he claimed he had paid money by way of a bribe to Mr Burke in order to secure a licence to broadcast for the 98FM radio station.

The jury heard yesterday that the Mirror Group had last April admitted that the words complained of, which the newspaper admitted were untrue, meant Mr O'Brien had paid £30,000 to Mr Burke by way of a bribe and he paid the money for the purpose of securing the radio licence.

It also admitted that the words meant that the 98FM licence was awarded to Mr O'Brien on foot of the said alleged payment to Mr Burke; meant that Mr O'Brien had secured a licence for Esat Digifone in circumstances that gave rise to suspicion of bribery or corrupt practices; and meant he had engaged in corrupt practices which warranted investigation by the Flood Tribunal.

It admitted all of that was untrue.

Mr O'Brien yesterday told the jury and Ms Justice Elizabeth Dunne he was in Milwaukee in the US midwest in 1998 as part of the Esat Digifone roadshow to attract potential investors when he got a phone call that the Mirror was asking questions about an anonymous letter.

"I knew there was no truth in what they were trying to allege in the questions," he said.

Mr O'Brien said he thought the questions were outrageous and said he has never seen the anonymous letter. Asked by his counsel why he was not prepared to answer four of the questions that asked if he had ever made a single donation of £5,000 or more to Fianna Fáil or Fine Gael, or whether he made donations of a combined value of £20,000 to Mr Burke or Michael Lowry, Mr O'Brien said these were "kind of trick questions".

"I never, ever gave money to Raphael Burke and was never asked for money by him. It just did not arise," he added. He said he had "of course" made donations to political parties both North and South. That was part of the political process, he said.

When he read the article in the Irish Mirror, Mr O'Brien said he asked his solicitor to write a letter seeking an apology, but he had never received one. "The article has been hanging out there for the last eight years and it is only in the last four or five months in correspondence that the Mirror said it was wrong and the story was totally untrue. For eight years, they fought the case." The case continues today.