Damages of £100,000 were awarded to a firm of solicitors yesterday after a High Court judge held that a leak of information to the media about a Garda search of the firm's offices was "a wilful act" carried out to damage the firm.
Mr Justice Kinlen said that as "a matter of probability" the leak emanated from the gardai. He added: "The court is surprised at the attitude of the Commissioner and gardai to the investigation of this undoubted leak, which may well be a criminal offence."
The search, part of "Operation Pineapple", by a special Garda unit, took place at the offices of Michael E. Hanahoe and Co, Parliament Street, Dublin, in October last year. Gardai sought files relating to property transactions on behalf of John and Geraldine Gilligan, who are under Garda investigations into money laundering and drug trafficking.
Mr Justice Kinlen held that District Judge Gillian Hussey was correct when she made orders granting search warrants to the gardai. Hanahoe, which brought an action against Judge Hussey, the Garda Commissioner and the State, sought to quash Judge Hussey's orders.
At an earlier hearing it was alleged anonymous telephone calls were received by the media and that a number of journalists were outside the premises when the gardai arrived.
Mr Justice Kinlen in a 55-page judgment yesterday described the leak as "a wilful act which had done the Hanahoes considerable and probably irreparable harm".
Making the award, the judge said he hoped his judgment would clarify public perception of the wrong that was done "to these eminent solicitors".
The deliberate leaking was intended to embarrass and distress the company. "It was an outrageous interference with their privacy and their constitutional rights", Mr Justice Kinlen said. The court accepted evidence from various senior solicitors, including former presidents of the Law Society and the Hanahoe brothers themselves, that it had done considerable and probably irreparable harm to the firm.
Mr Justice Kinlen added: "This court must mark its strong disapproval of this conduct and try and make some amends to the applicants for the damage done. I award £80,000 damages, to cover damages to date and £20,000 damages for the future and I hope that this judgment will clarify public perception of the wrong that was done to these eminent solicitors." i of care towards a citizen in relation to information getting out concerning matters which would in any event come into the public domain in the fullness of time.
The court was satisfied that as a matter of probability, based on the evidence, that it was clearly negligent to allow the information to be leaked to the media. It produced a "media circus". As a result the damage was done. Mr Justice Kinlen granted a stay in the event of an appeal.