An article published in the Irish Independentabout a call to RTÉ's Livelineshow repeated a scurrilous libel which wrongly meant that PR consultant Monica Leech had performed sexual acts for the former minister for the environment, Martin Cullen, in exchange for contracts, the High Court was told yesterday.
The article repeated completely untrue claims about Ms Leech made by the caller "Norman", including remarks that: "Maybe she's been doing other things for him besides constituency work - maybe she's s . . . ing his c . . .", Paul O'Higgins SC said.
While stopping short of actually spelling out the "vile" words used, the use of the exact number of dots left little to the imagination, counsel said. It was made clear the caller "was not talking about sipping his Coke".
The article reflected a "cold-blooded", "grossly irresponsible" and "opportunistic" decision by Independent Newspapers to repeat to some 612,000 readers the gross, vulgar and lewd claims made in a context where there was no belief by Independent Newspapers that there was any truth in what was said, he said.
Why, he asked, did the newspaper publish the remarks at all if it was not intended to convey something which would titillate its readers despite the great grief and distress caused to Ms Leech, a married woman, and her family. The newspaper was asked within days to publish an apology and a correction but had failed to do so.
Ms Leech later settled her libel action against RTÉ over the comments and Independent Newspaper should now have to pay substantial damages to her for its decision that this "filth" and "nasty and vicious tittle-tattle" should be repeated in Ireland's biggest daily newspaper, he submitted.
Mr O'Higgins was opening an action by Ms Leech against Independent Newspapers over an article published in the broadsheet and compact editions of the newspapers on December 17th, 2004, and headlined: "Gasps and blushes as Norman turns Joe's show into 'vileline'." The article stated that a caller to RTÉ's Liveline show the previous day "left radio chiefs red-faced . . . when he made a lewd remark about Environment Minister Martin Cullen and his controversial PR adviser Monica Leech".
It stated that, "during a discussion on the rights and wrongs of her appointment to the €127,775 a year job", a person who called himself Norman had phoned the show, saying he was from Cork and a member of the Progressive Democrats.
It reported the following exchange: Norman: "Well, I think Martin Cullen has done a good job. And Monica Leech, for all we know, is not being overpaid at all." Joe interjected: "Keep defending." Norman: "We really don't known what she's been doing anyway. Maybe she's been doing other things for him besides constituency work - maybe she's s . . . ing his c . . ."
The article stated that Joe Duffy immediately cut in, saying: "We'll cut the line" and RTÉ said later that it dissociated itself from the caller's comments and apologised for any offence caused. RTÉ had said the caller had misrepresented himself and proceeded to make vulgar comments which "understandably caused offence to many listeners".
The article also referred to Fine Gael Senator Michael Finucane welcoming a decision by the Taoiseach to order an inquiry into Ms Leech's appointment.
Mr O'Higgins said the article repeated the libel on Liveline and had caused great distress to Ms Leech and her family. The defence, he said, was contending the article did not mean that Ms Leech had performed sexual favours and that all it meant was that someone else had made such claims.
That defence was "a nonsense", Mr O'Higgins said.
The case continues today before Mr Justice Peter Charleton and a jury when evidence will be heard from Ms Leech.
