A Donegal District Court judge's attempt to have defamation proceedings against him struck out has failed at Buncrana Circuit Court.
Judge Sean MacBride is being sued for damages by Mr Joseph Doherty, of Cardonagh, who claims that, in a packed District Court room in April 1998, Judge MacBride called him "a scumbag" and a member of the IRA.
Mr Doherty told Buncrana Circuit Court on Wednesday he had "travelled the length and breadth of the country" but couldn't get a solicitor to take on his case when they heard who he was "up against". As a result, he represented himself.
In an affidavit to the court, Mr Doherty said that during a case in which he was being prosecuted by the DPP for failing to pay motor tax, Judge MacBride, who was then a solicitor, jumped out of his seat and called him "a scumbag" and a member of the IRA.
Mr Doherty said the slander was uttered after he mentioned a High Court injunction granted to Mr MacBride against himself and a number of other men, following a protest outside his offices in Moville before his appointment as a judge. Judge MacBride said he was subjected to "vile horrendous threats by members of the IRA" during the protest, in October 1997.
Counsel for Judge MacBride, Mr Peter Nolan, asked Judge Matt Deery to strike out the claim against his client on the grounds it was frivolous and vexatious and brought purely to embarrass his client. He said any comments by his client on April 21st, 1998, were covered by privilege since they were made after the judge in the case, Judge O'Donnell, had invited Mr MacBride to explain details of the High Court injunction.
The defence accepts he called the plaintiff "a scumbag" but denies he called him a member of the IRA. Mr Nolan argued that Mr Doherty had failed to establish defamation. He said at worst, the word "scumbag" was a term of abuse but was not defamatory.
Mr Doherty told Judge Deery the comments were not made after an invitation by the judge for Mr MacBride to address the court and were therefore not covered by privilege.
Judge Deery refused the application and invited Judge O'Donnell and the District Court clerk to file affidavits on the matter.
He adjourned the case to Buncrana Circuit Court for hearing on October 24th.