Two Dublin brothers have appealed to the Supreme Court appeal against a jury’s dismissal of their libel action against the Star Sunday newspaper.
Alan Bradley (37), Churchfield, Kentstown, Co Meath, and Wayne Bradley (32), Cherryfield Lawn, Clonsilla had sued Independent Star Ltd, Terenure Road North, Dublin, as a result of the article published in Star Sunday on June 13th, 2004.
They claimed the article, published 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.
The defendant denied libel and argued the brothers were not identified in the article.
In February 2006, a High Court jury found the article did not identify the brothers as being leaders “of the most dangerous criminal gangs operating in Dublin’s criminal underworld today” and their case was dismissed with costs against them.
Opening their appeal yesterday, Paul O’Higgins SC said the outcome of the trial was “fundamentally unsatisfactory” and his clients were seeking orders quashing the jury’s verdict and directing a new trial.
Counsel said the appeal was being brought on grounds including the trial judge Ms Justice Elizabeth Dunne made erroneous rulings.
It was argued Ms Justice Dunne erred in allowing the defendant newspaper introduce evidence of rumour and suspicion that the brothers were guilty of crimes after correctly ruling the defence of justification was not available to the newspaper.
It was also argued the trial judge erred in refusing to allow the brothers’ lawyers put evidence before the jury on the issue of identification arising out of publication of the article.
It was further argued the trial was unfair because the judge allowed the brothers to be cross-examined to the effect they were involved in serious crime and also allowed Garda evidence to the same effect when, in its closing speech to the jury, counsel for the newspaper conceded its contention about the reputation of the brothers was unmerited.
The newspaper has opposed the brother’s appeal and has argued the jury’s decision should stand.
The appeal, before the Chief Justice Mr Justice John Murray, Ms Justice Susan Denham, Mr Justice Adrian Hardiman, Mr Justice Nial Fennelly, Mrs Justice Fidelma Macken was adjourned today and will resume at a later date to be arranged.