A jury hearing a High Court action by a District Court judge alleging he was libelled in a Sunday Independent article describing him and another judge as "mobile phone freaks" was discharged yesterday.
Mr Justice Barr, who was presiding over the action taken by Judge Joseph Mangan against the Sunday Independent, said there would have to be a new trial. The action was brought by Judge Mangan (55) arising out of an article by Gene Kerrigan, published on March 22nd, 1998.
Yesterday was the second day of the hearing. An application to discharge the jury was made by counsel for Judge Mangan, Mr Garrett Cooney SC, after an opening statement of the defence case made by Mr Kevin Feeney SC, for Independent Newspapers. Following legal submissions by counsel for both sides in the absence of the jury, Mr Justice Barr adjourned the hearing to consider what had been stated. When he returned, Mr Justice Barr told the jury a difficulty had arisen as a result of which he had been obliged to withdraw the case from them. He added the case would have to start again before another jury.
Mr Justice Barr said the matter arose in connection with a statement of the law made by Mr Feeney in the course of opening the defendant's case. The judge said he did not think he needed to go into the difficulties that had emerged in that regard. Suffice to say was that it would not be fair to allow the trial in those circumstances to proceed and he would withdraw it from the jury.
Costs were allowed to Judge Mangan and a stay on the costs order was granted to the defence in the event of an appeal.