Government press secretary Ms Mandy Johnston yesterday lost her High Court libel action against the Star newspaper and journalist John Donlon over an article she had claimed would lead people to assume she was a person of "low moral calibre".
Ms Johnston was also ordered to pay the costs of the newspaper, estimated at more than €120,000. Total costs could be €200,000.
After an absence of 80 minutes, the jury, by a 10 to two majority verdict, decided the words used in an article in the newspaper of September 14th, 1996, by itself and in the context of photographs published beside it, did not mean Ms Johnston is or was a person of low moral character.
Longford-born Miss Johnston (31) had been appointed Fianna Fáil press officer shortly before the publication. She claimed the article could have led people to assume she was a person of "low moral calibre" who would go about her business in the same manner as English call-girl Mandy Rice-Davis in the 1960s. She said she was disgusted and offended by the article which referred to both her and Ms Rice-Davis.
During the two-day hearing Mr Justice Kearns and the jury were told that immediately on Ms Johnston's appointment as Fianna Fáil press officer in August 1996, a press release and photo of her were sent to the newspapers. Fianna Fáil was in opposition at the time and Mr John Bruton of Fine Gael was Taoiseach.
Two days later Ms Johnston received a telephone call from Mr Donlon, who asked how she was doing in her new job. They were both natives of Longford and knew each other but not well. Mr Donlon asked for a photo of Ms Johnston as he could not find the one already sent out. He was sent a replacement photo.
Mr Donlon asked if Ms Johnston thought she would be able to bring down a government. Ms Johnston said: "Well, I nearly brought down a government before" and referred to Ms Mandy Rice-Davis.
The article was headed: "Mandy aims for a shock." It said: "The sexual shenanigans of Mandy Rice-Davis in the Profumo Affair brought the British government to its knees in 1964. Now another Mandy hopes to topple John Bruton from his perch. She is the lovely Mandy Johnston, Fianna Fáil's second press officer drafted in to help Marty Whelan.
"One Mandy brought down a government and I hope to do the same, the Longford lass proclaimed on her appointment. As Bertie Ahern's batgirl she will be beavering away trying to knock chunks off the coalition in the run-up to the next election.
"The Profumo Affair was later made into a feature film Scandal, starring Bridget Fonda as Mandy and Johanna Whalley as Christine Keeler. Scandal is best remembered for the famous nude shot of Christine Keeler sitting astride a chair. But since Mandy refused to send us in a topless photo we were stuck with using this one."
Earlier yesterday, in closing the case for the defence, Mr Eoin McCullough SC said Mr Donlon had been anxious to give Ms Johnston some favourable publicity and Ms Johnston had told him how one Mandy had brought down a government. She hoped to do the same and the connection had been made with the Profumo Affair. The article did not amount to anything more than a repetition. The reality was Ms Johnston "wanted it both ways".
What the jury had to decide was what would the average body of reasonable people think about the article, counsel said. It did not seriously mean the plaintiff was a person of low moral character. Ms Johnston had claimed it did and her analysis was that it suggested she was likely to sleep with Proinsias De Rossa, Ruairí Quinn and even John Bruton.
"You could not reasonably think people were going to think that," Mr McCullough said.
Closing the case for Ms Johnston, Mr Garrett Cooney SC said Mr Donlon had constructed the story to taint Ms Johnston on the basis of a flippant remark. He had constructed a steamy article in accordance with the standards of his newspaper.