Denis O’Brien spokesman stands over ‘every word’ of allegedly defamatory statement, court hears

High Court Reporter

A communications consultant who issued an allegedly defamatory press release on behalf of businessman Denis O’Brien has told a High Court jury he stands over “every word” of the statement.

James Morrissey, who worked as a spokesman for Mr O’Brien, was on Monday giving evidence on the fourth day of a defamation action taken against both men by solicitors Darragh Mackin and Gavin Booth.

The solicitors claim a sentence in Mr O’Brien’s October 2016 press release implied they acted for and received payment from the IRA. The sentence read: “Sinn Féin/IRA certainly got the report they paid for.”

Mr O’Brien made the statement in response to a report on media ownership in Ireland. Mr Mackin and Mr Booth were credited as co-authors of the report, which was commissioned by then-Sinn Féin MEP Lynn Boylan.

Mr O’Brien and Mr Morrissey deny the material defamed the solicitors or means what the solicitors allege.

Led by Darren Lehane SC, appearing with Joe Holt BL and instructed by Meagher Solicitors, Mr Morrissey told the jury he believed that the media ownership report was “hopelessly biased” and “clearly targeted” at Denis O’Brien and Independent News & Media.

At the time of the report, Mr O’Brien was the largest shareholder in Independent News & Media, the publishers of the Irish Independent and Sunday Independent.

“The report was completely skewed, flawed and designed with one purpose in mind....to undermine the credibility of Independent Newspapers and [Denis O’Brien],” Mr Morrissey said.

Asked why he thought this, he said he believed it arose from antipathy in the republican movement towards Independent News & Media. He said he believed that Mr O’Brien was “caught in the crossfire”, and that Independent News & Media – previously called Independent Newspapers – and the republican movement had a “very, very fractious history”.

Asked what he meant by the “republican movement”, Mr Morrissey said: “Sinn Féin, IRA.”

Mr Morrissey said that there were six references to RTÉ in the report, and 44 references to Denis O’Brien. Mr Morrissey said aspects of the media industry were ignored in the report – including the prominence of British outlets in Ireland and social media.

Mr Morrissey said the report followed a complaint made by Ms Boylan to the Press Council about Independent News & Media. Mr Morrissey said the complaint was not upheld.

He said he “most certainly” did not act with malice towards Mr Booth and Mr Mackin in publishing the press release.

Cross-examining Mr Morrissey, Tom Hogan SC, appearing with Mark Harty SC and Conan Fegan BL and instructed by Johnsons Solicitors, put it to Mr Morrissey that various complaints made by the defence in the proceedings relating to the report did not feature in the press release he crafted.

Responding, Mr Morrissey said he stood over “every word” of the statement.

He earlier said he stood over his facts “1,000 per cent”, and said he believed the press release was “carefully crafted”.

Mr Hogan later asked Mr Morrissey why he was trying to “drag the IRA into this”, after the witness referred Roy Greenslade, a British journalist who was cited in the media ownership report. The court previously heard Mr Greenslade made public his support of the IRA in a Sunday Times article in 2021.

Responding, Mr Morrissey referred to the complained-of sentence in the press release and said that this was the reason he was in court as the defendant.

The trial, before Mr Justice Tony O’Connor, continues.