Closing submissions in O'Brien case under way

Written By Unknown on Kamis, 14 Februari 2013 | 22.40

Closing arguments are under way in the defamation case taken by businessman Denis O'Brien against the Irish Daily Mail over an article published three years ago.

The article criticised his appearance in RTÉ news reports on the relief effort in Haiti, claiming it was done to deflect attention from the Moriarty Tribunal.

Counsel for the newspaper Oisín Quinn told the jury it was a case of immense importance and "what you do will resound outside this court room".

He added that the simple truth at the heart of the case was allowing someone to express their opinion and having the courage to say it even when they come up against someone very important.

He told the jury he was "not asking you to judge Denis O'Brien or agree with Paul Drury".

"We want you to stand up for the right of someone like Paul Drury to express his view. You don't have to agree he was right but that he had a right to say it.

"Isn't it right that public figures should not be taken at face value and that we are allowed to express an opinion and question what we see?"

It was understandable we take freedom of expression for granted but it was important to stand up for it and send a resounding clarion call that it counts, that it matters that people can express an opinion, he said.

He said the article was clearly an opinion on a matter of public interest as there was huge and legitimate interest in the Moriarty Tribunal.

Mr O'Brien was given a huge platform to express his opinions on RTÉ and elsewhere, he said.

The jury was being asked to believe that Mr Drury was malicious and was out to get Denis O'Brien.

It may have been cynical, but there were a number of things in the article that were true and factual and a number of qualifying comments to the criticism.

There was no evidence to support the claim that Mr Drury or the paper was malicious, he argued.


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