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Louth sleep walker begins libel action

Donal Kinsella - Claims company made him a laughing stock
Donal Kinsella - Claims company made him a laughing stock

A Co Louth businessman who sleepwalked naked to the bedroom of a company secretary while on a business trip to Mozambique has begun a libel action against the mining company Kenmare Resources.

Donal Kinsella claims that a press release issued by the company in 2007 made him a 'national and international laughing stock' and insinuated that he was guilty of sexual impropriety.

An investigation initiated by the company cleared him of any wrong doing.

The 67-year-old from Dunleer, Co Louth, apologised to secretary Deirdre Corcoran after appearing three times at her bedroom door during the night while on a business trip to Mozambique in May 2007.

The High Court heard that earlier that day there had been a shortage of accommodation and Mr Kinsella had moved rooms to give his room to Ms Corcoran.

He had been drinking and taking pain killers and had a habit of sleep walking and not wearing pyjamas, the court heard.

After the incident an investigation was carried out by a solicitor engaged by Kenmare Resources.

It concluded that he was simply sleep walking and did not consciously or deliberately approach Ms Corcoran.

The report said he was rather irresponsible to over indulge in alcohol and not wear any clothing in circumstances where he knew he was in the habit of sleep walking and was in unfamiliar accommodation.

Mr Kinsella was later removed as chairman of the audit committee and as a director of the company.

Kenmare Resources issued a press release saying because of an incident Ms Corcoran had complained and it became impossible for her to work with him.

Lawyers for Mr Kinsella claim this press release ignored the findings of the investigation and insinuated that he was guilty of sexual impropriety when the company knew this to be untrue.

Opening the case for Mr Kinsella, Eoin McCullough SC told the jury the case was about a person's reputation.

He said they would hear evidence of how Mr Kinsella was made a national and international laughing stock because of the huge publicity the story attracted.

Mr McCullough said they would hear evidence from Mr Kinsella about how an ordinary, honest and loyal family man was then being suggested to be some sort of sexual predator

The damage from the press release persists to this day, he said and affects his everyday life.

Mr Kinsella is subjected to constant jibes and jokes and had real difficulty persuading his family that he had not engaged in some sleazy pursuit of a woman while in Mozambique.

He said Mr Kinsella was subjected to the 'utter horror and anguish of having this said about you after 42 years of marriage.'

In its defence, Kenmare Resources and company chairman Charles Carville of Well Road, Warrenpoint, Newry deny that the press release was libellous.

They also claim that Mr Kinsella put the information into the public domain himself by speaking to a journalist before the press release was issued.

The defendants say they were forced to issue a clarifying press release.

They will also say that Mr Kinsella had threatened to release other material to the media and had made serious libellous allegations against company directors.

The case continues tomorrow.