Wayne O'Donoghue, who was released two years ago after serving a sentence for the killing of 11-year-old Robert Holohan, has settled a libel action against TV3.
As part of the settlement, TV3 acknowledged before the High Court today there was no evidence that semen found on Robert's body was that of Mr O'Donoghue.
The libel proceedings were listed for hearing today but, at the outset, Declan Doyle SC, for Mr O'Donoghue, told Mr Justice Eamon de Valera the case had been settled and a statement would be read out on behalf of TV3 as part of that settlement.
The statement, read by Paul O'Higgins SC, for TV3, said the television company acknowledged there is no evidence that semen found on the boy's body was that of Mr O'Donoghue.
On that basis, Mr Justice de Valera struck out the case with no order. No other details of the settlement were revealed in court.
In a statement following the ruling, TV3 said the case was settled on agreed terms “which involved no apology, no damages and no order as to costs”.
The action against TV3 was among five separate defamation actions brought by O'Donoghue in the wake of media coverage of his sentencing hearing on January 24th 2006. O'Donoghue moved to the UK after he was released from prison in 2008.
The action against TV3 arose from material broadcast on the evening of O'Donoghue's sentencing related to the victim impact statement made by Robert's mother, Majella Holohan.
That statement raised several issues that had not formed any part of the two-week trial at the Central Criminal Court in which Mr O'Donoghue was unanimously acquitted of murder.
Mr O'Donoghue was acquitted by a jury of Robert Holohan's murder, but he pleaded guilty to the boy's manslaughter at Ballyedmond, Midleton, on January 4th 2005, saying he caught him in an armlock which caused asphyxia.