The High Court Taxing Master has awarded RTÉ and its chief news correspondent Charlie Bird some €1.5 million in legal costs arising from the unsuccessful libel action against them by the Co Mayo TD, Beverley Flynn.
In 2001, Ms Flynn, then a Fianna Fáil TD but now an Independent deputy, lost her 28 day High Court libel action against RTÉ, Mr Bird and farmer James Howard. She later failed in her appeal to the Supreme Court against that decision.
Ms Flynn alleged she was libelled in six RTÉ broadcasts in 1998 which reported that as an employee of National Irish Bank she had encouraged or assisted a number of persons in tax evasion.
The issue of what costs should be awarded to RTÉ and Mr Bird was decided yesterday by the Taxing Master, Charles Moran. He will give a decision on Mr Howard's costs amount later. Ms Flynn was not represented at the hearing before the Taxing Master.
About €1.5 million of the costs amount arises from the lengthy High Court action, inclusive of a VAT bill for nearly €100,000 which issue has yet to be dealt with by Mr Moran. Costs awarded against Ms Flynn in respect of a three day Supreme Court hearing amounted to about €186,000. Total deductions allowed by the Taxing Master in respect of the actions in both courts amounted to €50,000.
In his decision, Mr Moran said that Ms Flynn had failed in her action before a judge and jury. The defence filed on behalf of the defendants pleaded justification of what they had said.
Where such a defence is pleaded the burden and onus of proof shifts to the defendant. This was a difficult plea to prove and called for the highest degree of proof necessitating satisfactory evidence of the facts both documentary and oral. It was a difficult and complex action which could have resulted in major financial consequences had it gone against RTÉ and had the jury found for Ms Flynn.
To successfully mount their case RTÉ had to interview and take statements from 60 witnesses, and five expert witnesses were retained. It was also necessary to obtain discovery orders against National Irish Bank. This was a massive and difficult operation. Some €230,000 costs was allowed to the bank in making this discovery and the plaintiff had to discharge that.
He was satisfied that the costs claimed were necessary and properly incurred and reflected the enormous work done on behalf of RTÉ and Mr Bird.