E-mail libel case taken by lecturer settled with apology and damages

GALWAY-MAYO Institute of Technology (GMIT) has not said whether it will take disciplinary action against two staff members over…

GALWAY-MAYO Institute of Technology (GMIT) has not said whether it will take disciplinary action against two staff members over defamatory e-mails that have resulted in a High Court apology and damages.

GMIT said yesterday the matter had been resolved and a settlement recorded, but would make no further comment on the case, which is believed to be the first civil libel case here in relation to e-mail content.

Terry Casey, a lecturer in marketing at GMIT’s school of business, sued two colleagues over e-mail attachments circulated by them to other staff in January 2005. The e-mail was sent by the head of Mr Casey’s department, Larry Elwood, on January 26th and recirculated the following day by Deirdre Lusby, head of the business studies department.

Mr Casey, of Barna, Galway, brought the action against Mr Elwood, Ms Lusby and the GMIT. Lawyers for both sides told Mr Justice Eamon de Valera yesterday the case had been settled.

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Paul Coffey for Mr Elwood and Ms Lusby read an apology stating the defendants had published remarks defamatory of Mr Casey “in the way of his office, calling and profession as a lecturer” in GMIT.

“These allegations were entirely without foundation and have caused the plaintiff considerable distress, anxiety and upset,” the apology stated.

“The defendants and each of them . . . accept their serious error in publishing these defamatory remarks.”

They wished to “withdraw the imputations and unreservedly and publicly apologise” to Mr Casey. They agreed to pay a substantial sum in damages and costs.

Mr Casey said the result was a “complete vindication of my position and reputation”, and paid tribute to his family, legal advisers, friends and GMIT colleagues.

It caused me great personal distress to take these proceedings . . . but such was the concerted assault on my reputation, integrity and good name that I had no alternative,” he said.

Lorna Siggins

Lorna Siggins

Lorna Siggins is the former western and marine correspondent of The Irish Times