Defamation proceedings are being brought by former TD, Minister and Ceann Comhairle, John O'Donoghue, against the Tralee-based newspaper Kerry's Eye over articles in an edition in October 2018 alleging the politician had been forced from office because of lavish expenses, the Circuit Civil Court in Killarney has head.
The court heard Mr O'Donoghue had suffered great shame and embarrassment because of the article in the widely read newspaper, strongly wanted to defend his name, was "vehemently" pursuing the matter, and had sent a solicitor's letter in November 2018 within three weeks of the article.
The proceedings centered on applications in relation to joining the paper's publishing company which it was claimed had only been highlighted to Mr O'Donoghue's legal team by solicitors for Kerry's Eye Ltd in March 2020.
Mr O'Donoghue was seeking an order to join Kenno Ltd, which the court was told was the publishing company of the Kerry's Eye Ltd, both of the same address at Ashe Street, Tralee.
The proceedings touched on the time limits under law, the court was told.
A related application sought, an order "if necessary" extending any time limits under Section 38 of the Defamation Act 2009.
Section 38 of the Defamation Act 2009 on the limit on taking proceedings as well as the 1957 Act on the Statue of Limitations were handed into court by barrister for Mr O'Donoghue Katie O'Connell.
Richard Liston, barrister for the newspaper, told the court the applications were being "resisted".
Ms O'Connell said by way of background, the "former minister and politician" John O'Donoghue was taking proceedings over articles on 18 October 2018 in the Kerry's Eye Newspaper.
On 8 November 2018 Mr O'Donoghue's solicitor Denis J Linehan wrote to the editor of Kerry's Eye.
On 21 November he received a detailed response from Padraig Kennelly from Kerry's Eye.
In his reply, Mr Kennelly went into "significant detail" including how the reporter, who is still employed by the paper, made a number of attempts to contact Mr O'Donoghue, Ms O'Connell said.
Mr Kennelly asked that correspondence be sent to himself, the barrister also said.
In March 2020 solicitors for Kerry's Eye Ltd highlighted to Mr O'Donoghue's legal team that Kenno Ltd was the publisher of the Kerry's Eye newspaper, she said.
"The first time my solicitor became aware of Kenno Ltd was March 2020 and he immediately issued this motion," Ms O'Connell said, of the application for an order to join Kenno Ltd in the proceedings.
It was "in the interests of justice" that her application be granted, she told judge Helen Boyle.
Ms O'Connell said Mr O'Donoghue had "vehemently" pursued the matter from the outset and had within three weeks written to the editor of Kerry's Eye. Kerry's Eye was a newspaper with a very large circulation and a large readership.
Her client John O'Donoghue of Caherciveen, Co Kerry, also lived in the county, the barrister said.
"This was a great source of shame and embarrassment to him and he strongly wants to defend his name. This is not a trivial matter," Ms O'Connell said.
Mr Kennelly of Kerry's Eye Ltd was also the director of Kenno Ltd and both companies had the same address at Ashe Street Tralee, she also said.
Barrister Richard Liston on behalf of Kerry's Eye and Kenno Ltd referred in detail to case law. He also said that it was incumbent on the plaintiff "to ascertain who the publisher was" and to do so in time.
Judge Helen Boyle said she wished to consider affidavits as well as the law in the matter and has reserved her decision to Tuesday next, 30 June.
