Beverley Cooper-Flynn, Lost libel case against RTÉ
The Fianna Fáil TD, Beverley Cooper-Flynn, has been ordered by the High Court to pay the entire costs of the recent libel case, which she lost. This afternoon the President of the High Court, Mr Justice Frederick Morris, rejected as "irrelevant" arguments that Ms Cooper-Flynn's lawyers put forward yesterday. The cost of the 28-day case is estimated at more than £2m. RTÉ, in a brief statement, said that the broadcasts in question had been substantively vindicated and it was pleased that the matter was at an end.
Mr Justice Frederick Morris said that the issue before him was to consider whether the fact that it had not been proven that Beverley Cooper-Flynn had induced the retired farmer James Howard to evade tax was, as he put it "something of value". This is what her counsel argued yesterday. He rejected this. Coupled with the jury's other finding that she had encouraged others to evade tax, he said that it was "valueless" and irrelevant. He agreed with RTÉ that Ms Cooper-Flynn's character had suffered no damage.
This ruling means that Beverley Cooper-Flynn now has to pay for everything. RTÉ's costs, James Howard's costs, all the preliminary court cases that led to this action. She will even have to pay for court transcripts. The question now is whether Ms Cooper-Flynn will appeal to the Supreme Court. Her lawyers today were granted a stay on High Court costs pending a decision on an appeal.
In a comment, the deputy leader of the Labour Party, Brendan Howlin, said that the High Court judgement confirmed what everyone other than the Taoiseach and Deputy Cooper-Flynn had recognised - that she had lost her case. Mr Howlin said that a jury of her peers had found she had encouraged people to evade tax. There was no way, he said, the Deputy or the Taoiseach could ignore the consequences of the case.
Fine Gael's Deputy Finance spokesman said that it was clear from the decision of the jury that they believed that she had advised clients to evade tax. Deputy Paul McGrath said that the Taoiseach must now decide whether he considers Beverley Cooper-Flynn to be a suitable person to be a member of his parliamentary party. The Progressive Democrats said that the legal bill was very large and Beverley Cooper-Flynn would have to establish if she could pay it. If not, then there were clear political implications.
