THE libel action by the former Taoiseach, Mr Albert Reynolds, continued in London yesterday with legal arguments in the absence, of the jury.
A juror was taken ill on Tuesday and was still unwell yesterday. If he has not recovered by tomorrow the rest of the evidence will be heard by the remaining 10 jurors, as another juror was discharged due to illness last week.
Mr Reynolds is suing the Sunday Times over an article which appeared on November 20th, 1994, under the heading "Goodbye Gombeen Man". It described the events surrounding the fall of the Fianna Fail Labour coalition.
The Sunday Times is denying libel, pleading justification and qualified privilege.
Yesterday was the 13th day of the trial, and Mr Reynolds was in court throughout, accompanied by his daughter, Leonie.
Mr Reynolds himself has been the main witness. Witnesses for the Sunday Times were Mr Alan Ruddock, who wrote the article complained of Mr John Withcrow, its editor, and Mr John Burns, who contributed to the article. All three were also defendants in the action, along with Times Newspapers Ltd, but Mr Burns was discharged when it emerged in evidence that he did not write any of the sentences complained of.
There will be no hearing today because a juror has to attend a funeral, and the case resumes tomorrow with the rest of the evidence. This consists of about three hours of video evidence of the hearings of the Dail sub committee on the fall of the government, starting with that given by the former Attorney General, Mr Harry Whelehan. Meanwhile, counsel for the Sunday Times, Mr James Price QC, followed up a clarification on Tuesday of his "elocution lessons" quip about the Fianna Fail TD, Mr Willie O'Dea, with a statement through his solicitors yesterday.
It said: "Since the Albert Reynolds Sunday Times libel action is still current, we have been asked (by Mr James Price QC to apologise on his behalf to Deputy O'Dea if he was offended by Mr Price's remark on Monday. We were playing a video in court, not always of best sound quality, of Mr O'Dea questioning Mr Fitzsimons. The judge said that he was having difficulty following Mr O Dea and the jury agreed. The judge asked what was to be done.
"Mr Price made a light hearted response, which he did not of course intend to be taken seriously, and for which he now apologises to Mr O'Dea."