Former Taoiseach Mr Albert Reynolds will today be back in the British courts to appeal the decision in the libel case against the Sunday Times that awarded him derisory damages of only one penny, although he won his case.
Mr Reynolds's lawyers will go before three judges of the Court of Appeal in London. The appeal is expected to take from four to six days and will be concentrated on legal arguments by lawyers only.
The original case took six weeks before Mr Justice French, whose summing up of the case before the jury is expected to form the basis of the main grounds of appeal. Mr Reynolds's lawyers are also expected to argue that the award of one penny was unjust as he was found to have been libelled by the newspaper.
The jury in a 10 to one verdict in November 1996 found Mr Reynolds had been libelled by the Sunday Times but was not damaged. The jury had awarded him "zero damages" but the judge then awarded him one penny.
Following the case, Mr Reynolds was also made liable for a substantial amount in legal costs as he had been awarded damages which fell short of the £5005 sterling lodged in court by the newspaper. Mr Reynolds had described the amount lodged as an insult. Mr Justice French, however, ruled that Mr Reynolds should pay the Sunday Times legal costs only from the date he rejected that sum.
This means that he does not have to pay the newspaper's £200,000 legal preparation costs but still leaves him with an estimated legal bill of £800,000.
If Mr Reynolds wins his appeal and the judges decide to increase his award for damages to a sum higher than £5005, then it follows that he will not have to pay the costs after all. However, if his appeal is not allowed, he will not only have to pay the costs of the six-week libel trial but also those of the Court of Appeal hearing.
Mr Reynolds took the case against the newspaper following an article written by Alan Ruddock, printed in its English, Scottish and Welsh editions only, on November 20th, 1994. A different account appeared in the Irish edition.
The article in the British editions accused him of lying to his Cabinet colleagues and misleading the Dail over the extradition of the late paedophile priest, Brendan Smyth. The newspaper denied the libel, claiming justification and qualified privilege. When the case ended in London, Mr Reynolds said he was pleased the jury agreed that he was not a liar. However, he commented: "It is unjust and immoral to win on the substantial issue of the case and then for somebody to ask you to pay the costs of the person you defeated."
He said at that time he was prepared to appeal and would fight for a retrial. The Sunday Times is being sued for libel by Dr Tony O'Reilly, his brother-in-law Mr Peter Goulandris and Fitzwilton over two articles which appeared in the issue of May 10th. Mr Anthony Whitaker, legal manager of Times Newspapers, confirmed yesterday that writs were received last week.
A spokesman for Dr O`Reilly also confirmed that he has begun the libel proceedings.