Wayne O'Donoghue, the 23-year-old engineering student who was convicted of the manslaughter of Midleton schoolboy Robert Holohan, may not give evidence in his libel actions against TV3 and a number of newspapers over their coverage of the case.
O'Donoghue, who is due to be released from the Midlands Prison tomorrow after serving three years of a four-year sentence for killing his young next-door neighbour, is suing TV3, the Sun, the Sunday World, Ireland on Sundayand the Evening Herald.
The High Court actions arise from the coverage by the papers and TV3 of the case after Robert Holohan's mother, Majella, departed from her agreed victim impact statement at sentencing to question how semen ended up on her son's hand.
O'Donoghue's lawyer, Frank Buttimer, is determined to keep the focus on whether his client was libelled and not to allow newspapers turn the libel actions into a re-run of the murder trial.
Mr Buttimer told The Irish Timesthat the five High Court actions are "aimed at vindicating Wayne O'Donoghue's good name which has been damaged by false allegations and the onus of proof will be on the media outlets to prove these allegations".
Mr Buttimer has said that his client would find it "extremely difficult" to remain in Ireland because of media intrusion and possible fears of retribution.
Speaking on Sunday, Mr Buttimer said he could not give any indication of O'Donoghue's plans because of client confidentiality. But he maintained O'Donoghue would face a "huge amount of difficulties" should he remain here.
Although it is usual for a plaintiff in a libel action to take to the witness stand to say how they have been defamed and how a libel has affected their life, there is no obligation on them to do so and it is possible to rely on other witnesses to detail the impact a libel has had on someone. It is possible O'Donoghue will rely on other witnesses to say how they believe his reputation was damaged by media coverage suggesting sexual impropriety on his part towards Robert Holohan.
Mr Buttimer has already lined up DNA expert Emma Lynch, of British forensic science firm Hayward Associates, and other experts to give evidence, if necessary, disputing the reliability of the forensic tests which initially formed part of the Garda case.
An initial DNA test by Dr Jonathan Whittaker of the Forensic Science Service laboratory at Wetherby, Yorkshire, on a semen sample taken from Robert's hand found that there was a one in 70 million chance of it being from anyone else but Wayne O'Donoghue.
The Low Copy Number test used by Dr Whittaker has proved highly controversial and its reliability was questioned by Mr Justice Weir recently at the trial of Armagh man Sean Hoey, who was acquitted of charges relating to the Omagh bombing.
Dr Whittaker amended his position after further tests on a semen sample found on a mat in the bathroom of the O'Donoghue house (where O'Donoghue said he laid Robert to try and revive him after strangling him) led him to cast doubt on his original findings.
