JUDGMENT will be given today in the High Court on whether a book by Mr John Courtney, former head of the Murder Squad should be withdrawn from sale on the application of Mr Peter Pringle. He spent 15 years in prison before his conviction for the murder of a garda was quashed.
He is seeking an interlocutory injunction restraining the sale of the book, It Was Murder, and its publishers, Folens Publishing Company, trading as Blackwater Press, Airton Road, Tallaght. Mr Courtney is a former Garda chief superintendent.
Yesterday, Mr Anthony Sammon SC, for Mr Pringle, said the proceedings were based on a complaint by Mr Pringle that certain passages in the book were defamatory. On November 26th last, Mr Pringle became aware of the book and that it referred to him.
The book cost £8 and the print run would produce £60,000 in retail sales. The loss to the company of withdrawing the book was probably less than £30,000 as against the loss to Mr Pringle's reputation, Mr Sammon said.
Mr Garrett Cooney SC, for the company and Mr Courtney, said that in an affidavit, the defendants' solicitor, Mr Brian O'Sullivan, said the words in the book did not bear any defamatory meaning and were no more than a factual account of events.
On the information of Mr John O'Connor, managing director of Folens, the book was officially published on November 11th and 7,500 copies were printed. Most had been distributed.
It would be an extremely difficult and expensive job to recover the books. The loss of sales would mean a great financial loss to the company and Mr Courtney. The loss of Christmas sales would cause irrevocable loss to the defendants.
Mr Sammon said he would call his client to give an undertaking as to damages. Mr Pringle said that since his conviction was quashed by the Court of Criminal Appeal in May 1995, he had been living in Headford, Co Galway. He had very few assets.
He owed £5,000 to a friend and had a Bank of Ireland loan of £10,000 on foot of no security. He said the bank was aware he had an action against Ireland arising out of being convicted for something he did not do. He gave an undertaking that any monies he might get would be used in the discharge of any damages that might be caused to the defendants.
Mr Cooney, cross examining, asked if compensation was raised during the Court of Criminal Appeal hearing. Mr Pringle replied that on May 16th 1995, the court quashed his conviction.
It ordered a retrial but when he returned to the Special Criminal Court, the Director of Public Prosecutions entered a nolle prosequi. He then went back to the Court of Criminal Appeal and sought a certificate for compensation but this was refused. He appealed to the Supreme Court and the judgment was reserved.
Mr Cooney asked if, as he had been in prison, he had acquired any real assets. Mr Pringle said the loans were to help him read just to society. They were nearly exhausted. Mr Justice Barron said he would give judgment this morning.