An action for damages by a former TD against RTÉ over the way the broadcaster defended a defamation case has been struck out at the High Court.
Former Labour Party TD Joe Costello sued RTÉ over a defamation case taken by Sinn Féin activist, Nicky Kehoe in 2018.
Mr Costello also took proceedings against the state over the legislation relied on by RTÉ in its defence, and that part of his case is continuing.
Mr Kehoe won a defamation action against RTÉ in 2018, arising from comments made by Mr Costello on the Saturday with Claire Byrne show on RTÉ Radio 1 in October 2015.
The court heard Mr Costello claimed Mr Kehoe was a member of the IRA Army council and was telling Dublin City Councillors how to vote.
Mr Kehoe said the broadcast damaged his personal and professional reputation. He said he was ashamed of his past activities in the IRA, had reformed while in prison and had left his paramilitary past behind.
A jury found Mr Kehoe had been defamed by the comments and awarded him €10,000 euro.
But the jurors decided that RTÉ was 35% to blame for the defamation, while Mr Costello, who was not part of the case, was 65% liable.
Mr Costello said he should have been notified by RTÉ that the case was proceeding and that it intended to blame him.
Mr Costello also argued that the section of legislation relied on by RTÉ to hold him partially responsible for the defamation should have required RTÉ to notify him in advance.
He says part of the Civil Liability Act of 1961 should be declared to be unconstitutional if it cannot be interpreted as imposing such a requirement.
The case began on Tuesday and Mr Costello continued his evidence to the court yesterday and was cross-examined by lawyers for RTÉ.
At the conclusion of yesterday's evidence, his Senior Counsel, Eileen Barrington, told the judge that he and RTÉ were agreed that the correct interpretation of the legislation could be decided between Mr Costello and the State.
She said RTÉ had agreed not to object to any declaration made about the interpretation of the act and it was mutually agreed that RTÉ’s presence was no longer required.
She said an order could be made striking out the proceedings against the broadcaster.
Ms Justice Siobhán Stack agreed to make the order.
Mr Costello’s action against the State is continuing and is expected to conclude tomorrow. Judge Stack is expected to reserve her decision.
