TWO BROTHERS have won their Supreme Court appeal against the dismissal of their libel action against the Star Sundaynewspaper. A retrial has been ordered.
Alan and Wayne Bradley had claimed a two-page spread in the newspaper wrongly meant they were involved in serious organised criminality in Dublin.
In February 2006, a jury at the High Court found the brothers were not identified in the Star Sundayarticle and dismissed their claim. In their appeal against that decision, the brothers argued the outcome of the trial was "fundamentally unsatisfactory" due to several rulings of the trial judge and sought a new trial.
The newspaper, which denied defamation and claimed the brothers were not identified in the article, opposed the appeal.
Yesterday, Chief Justice Mr Justice John Murray, Mrs Justice Susan Denham, Mr Justice Adrian Hardiman, Mr Justice Nial Fennelly and Ms Justice Fidelma Macken unanimously set aside the jury verdict and ordered a retrial.
In his judgment, Mr Justice Fennelly found that certain evidence, including an article published in August 2004 by the newspaper which referred to the earlier article of June 13th, 2004, should have been put before the jury.
Presiding judge Ms Justice Elizabeth Dunne should have admitted the second article into evidence because it “constitutes a more or less replication and reference back to the first article”, he said.
In his judgment, Mr Justice Hardiman found the jury was wrongly told by the trial judge it should not consider particular evidence concerning the brothers’ reputation when considering if the article identified the brothers.
Mr Justice Hardiman said, following submissions from both sides in the absence of the jury, the judge had decided to correct her incorrect instruction but did not do so.
In the circumstances, “a substantial wrong or miscarriage” had occurred. The brothers were entitled to have the question of identification addressed on the basis of all the evidence in the case and “that did not occur”, he said.
The judge also noted, during the six-day trial, the jury asked if it was proper to take into consideration the issue of reputation when looking at the issue of damages and Ms Justice Dunne said no.
The brothers’ appeal was brought on grounds including the trial judge had erred by failing to allow into evidence a second article published by the newspaper in August 2004, entitled “We are not thieves”, which referred to the first article.
That August article, unlike the first one, gave the brothers’ names and was centred on the fact the brothers had contacted the newspaper saying they were not behind the criminal activity referred to.
They claimed the judge erred in allowing the newspaper introduce evidence of rumour and suspicion that the brothers had a general bad reputation while correctly ruling the defence of justification was not available to the paper.
Alan Bradley (37), Churchfield, Kentstown, Co Meath, and his brother Wayne (32), Cherryfield Lawn, Clonsilla, had taken an action for damages against Independent Star Ltd, Terenure Road North, Dublin, as a result of the article in Star Sunday on June 13th, 2004.
In 2006 the jury answered “No” to the same question relating to each brother: “Did the article of June 13th, 2004, published by the defendant newspaper identify the plaintiff as being one of the leaders of the most dangerous criminal gangs operating in Dublin’s criminal underworld today?” The claim was dismissed with costs against the brothers.
The Bradleys claimed the article under the headline " Inside Gangland – Brothers in Arms" meant they were the leaders of the most dangerous criminal gang operating in Dublin's underworld and had made €4 million out of the proceeds of cash in transit robberies, gun crime and money laundering.