THE Rev Ian Paisley and Ulster Television are being sued for libel an sing out of remarks by the Democratic Unionist Party leader on a Counterpoint programme three years ago.
The action was brought in the High Court in Belfast by Mr Michael Kelly (44), a farmer, from, Loughbracken Road, Pomeroy, Co Tyrone. His lawyer, Mr Alan Comerton QC, said he had been grossly libelled" following the murder of former UDR man Mr David Martin.
Mr Comerton said Mr Martin was blown up by what was clearly an IRA bomb after he had come into possession of nine acres of land which was withdrawn from sale after Mr Kelly had made a bid of £45,000.
Mr Comerton said Mr Kelly was a Roman Catholic who was knot involved in politics, in Sinn Fein or the IRA and was not a supporter of violence. "Nor is he a "noted republican a phrase I would ask you to remember in relation to this programme", he told the jury.
He said the Counterpoint programme on April, 29th, 1993, followed Mr Martin's murder and dealt with the IRA's so called ethnic cleansing of Border areas. He said Mr Kelly was grossly defined on the programme.
"That night he was accused of being a noted republican, in fact being an IRA man who assisted, and encouraged the murder of one of his neighbours. That allegation has been hanging over him ever since.
The jury was shown a recording of the programme in which Dr Paisley said "There was great competition by noted republicans to get that land and they did not get it and when it came into the possession of David Martin, he immediately received threats. You will never farm that land.
"Now walk up that road. What ado you find? You find David Martin's home where a widow and three children are mourning tonight. You look at his uncle's house riddled with bullets. You go on up the road where his brother was shot at and where his children, were injured. And you hear from them every day that this is going on and on. And when they killed David Martin, what happened? Then they had the audacity to ring, up and to say we got him."
Father Denis Faul, who also took part in the discussion, was recorded as saying "I would like to make a point very strongly that the people who bid on that particular farm were not out and out republicans, they were ordinary farmers looking for a piece of land. I think that must be said because the statement Mr Paisley has made could put them at risk."
The hearing continues.