Three men who were witnesses in the Catherine Nevin murder trial five years ago have brought libel proceedings against Independent Newspapers in the High Court over headlines on articles in three newspapers in early 2000. Without the men's evidence, Nevin could not have been charged, the court was told yesterday.
One headline, published in the Irish Independent, referred to the three as "would-be hit men" when they were not, their counsel said. This was a "false and damaging" statement.
Gerard Heapes, St Nicholas Village, Mornington, Co Meath, has brought an action over a front-page article in the Evening Herald on January 25th, 2000.
Mr Heapes, together with John Jones, The Chantries, Balrothery, Balbriggan, Co Dublin, and William McClean, Harold's Cross Road, Dublin, is also suing over a publication in the Irish Independent on February 24th, 2000. Mr Heapes, Mr Jones and Mr McClean, are further suing over material published in the Sunday Independent on March 5th, 2000.
The proceedings opened before Mr Justice Eamon de Valera and a jury yesterday and are expected to last several days.
The defence denies the claims. It denies the words complained of bore or were capable of bearing the meanings claimed and pleads the words were privileged under section 18 of the Defamation Act, 1961.
Opening the case yesterday, Garrett Cooney SC, for the plaintiffs, referred to the murder of Tom Nevin, husband of Catherine Nevin, at Jack White's Inn, Co Wicklow, in 1996. In January 2000 Catherine Nevin stood accused in the Central Criminal Court of four counts - the murder of her husband and of soliciting three men to commit that murder. Those three were the plaintiffs in this action and their defamation arose from the way the newspapers had referred to them in the course of the trial.
In the 1980s the plaintiffs had come to know Nevin. She had approached them on different occasions and asked them if they were prepared to murder her husband or arrange for someone else to do it. They would say they did not believe she was serious. They rejected her solicitations. She had offered sums of money.
Mr Cooney said that the Evening Herald article (which referred to Mr Heapes only) carried the sub-headline: "Hired killer's name was scribbled out."
The Irish Independent article was headlined " 'Would-be hit men 'revealed widow's death plot' ". Mr Cooney said they were not "would-be hit men" and this had been a false and very damaging statement.
Mr Cooney said that the Sunday Independent headline "Court hears of request for hired killer" referred to the three men. This was written at a time when the company had already been warned by the court against publishing headlines with the words "hired killer".
The hearing continues today.