THE Phoenix magazine had made a savage and premeditated attack on the character of a former US diplomat and alleged he was a spy, a High Court jury was told yesterday.
Mr George Dempsey (53), a former first secretary of the US Embassy from 1988 to 1992 with an address at Cloister Close, Carysfort Cloisters, Blackrock, Co Dublin, brought a libel action against Penfield Enterprises, trading as the Phoenix, and Eason.
Mr Dempsey claimed that on September 10th 1993, the Phoenix and Eason falsely published and Eason distributed the magazine containing an article about the "recently departed CIA station chief in Dublin, George Dempsey".
It stated: "Arriving in Dublin in 1988 to take over from Alan Roy as American spymaster in Ireland he quickly . . . established links with a wide circle of persons beyond the borders of Ballsbridge. Among his regular contacts were persons who were close to the leaders of the Risen People in the North and he regularly visited Belfast and Derry incognito to speak to community representatives".
"This flew in the face of State Department wisdom that US diplomats - George's cover was First Secretary (political) at the Embassy in Dublin - should communicate only with establishment figures in Ireland rather than risk offending the Brits . . .
"He was unconventional in other ways. He made no secret of his identity as a CIA person. Born in San Francisco, his military and intelligence track record - available through published US sources like Counterspy magazine - was obvious. Much of his service was in Vietnam and Latin America, with spells at various intelligence posts in Washington.
"While this may not have mattered, if he intended merely to swan around the Ballsbridge cocktail circuit, it might have affected his personal safety in the Bogside and Andersonstown. He therefore took the approach: `Me CIA - I come in peace' . . ."
Mr Adrian Hardiman SC for Mr Dempsey, said the article had alleged he was a spy master who had defied the policies of the Irish and US governments by going North and contacting subversives while a US diplomat and told them he was a CIA officer.
Mr Dempsey had been implementing the policies of his own government and in the interests of Ireland. What had been written was lies and admitted to be lies, said Mr Hardiman, but the magazine would not apologise or Dempsey's allegations and claimed the words were fair comment on a matter of public interest. They denied Mr Dempsey was injured in his credit or reputation or that he had been brought into public scandal or contempt.
Eason claimed distribution did not amount to publication of the words because it did not know nor did it have reasonable grounds for suspecting the magazine contained the words or were likely to contain defamatory material. Eason bore no malevolence nor spite towards Mr Dempsey.
Asked by Mr Hardiman if he would be prepared to do CIA work, Mr Dempsey said he had spent 20 years in the American foreign service dealing with the mess the CIA had created and left around the world. It was not honourable work where you had to lie about who you were and what you were doing, in what was expected of you, to bribe people and attempt to blackmail them.
He was never a spy master. He was political officer and his prime responsibility was to advise and report to Washington on the Northern Ireland situation as seen from Dublin. The monthly cables he wrote were confidential and contained privileged information from Irish Government.
Mr Dempsey said that from President Carter's time it had been decided to move from a position of abstentionism to supporting the joint efforts of the British and Irish governments. That policy continued throughout the period when he was stationed in Ireland.
When he went to the North he had to get permission from the consul general in the North; it was called "country clearance" and it would include the ambassador.
Mr Hardiman said the article spoke of Mr Dempsey's regular contacts close to the leaders of the Risen People and visiting Derry and Belfast to speak to community representatives. Mr Dempsey said that clearly meant he was running some sort of covert operation and meeting representatives of Sinn Fein and the IRA.
The Irish Government at the time had no contact with Sinn Fein. This was a policy which had only recently been lifted and because the Government had that policy the US government had the same firm policy. Had he travelled incognito it would have been contrary to his role as a diplomat.
Mr Dempsey said he had been four times in the North during his four years in Dublin and had received "country clearance" from the consul general for the visits.
The hearing continues today.