Date set for RTÉ case against Flynn

The RTÉ bankruptcy case against recently elected Independent TD for Mayo Beverly Flynn will come before the High Court on June…

The RTÉ bankruptcy case against recently elected Independent TD for Mayo Beverly Flynn will come before the High Court on June 18th. The proceedings arise over her alleged failure to pay any of the €2.84 million legal costs arising from her unsuccessful libel action against the station and its chief news correspondent, Charlie Bird.

The case will have considerable implications for Ms Flynn's status as a TD.

RTÉ is alleging that Ms Flynn has failed to pay any of the total bill of €2,848,088, which it contends is due arising from the libel action of 2001.

Efforts by RTÉ to enforce, via the Mayo county registrar, the costs orders made against Ms Flynn have also failed to yield payments, it is argued.

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In 2001, Ms Flynn, then a Fianna Fáil TD but now an Independent deputy, lost her 28-day High Court action against RTÉ, Mr Bird and farmer James Howard.

She later failed in her appeal to the Supreme Court against that decision. That appeal was dismissed in 2004.

Both courts awarded costs against Ms Flynn which costs were certified in September 2005 by the High Court Taxing Master.

Ms Flynn, a former financial adviser with National Irish Bank, had alleged she was libelled in six RTÉ broadcasts in 1998 which reported that, as an employee of NIB, she had encouraged or assisted a number of persons in tax evasion.

In some of the broadcasts, Mr Bird interviewed Mr Howard (71), Acorn Way, Wheaton Hall, Drogheda, Co Louth.

In response to five questions, the High Court jury decided the defendants had not proved Ms Flynn had induced Mr Howard to evade his lawful obligation to pay tax but had proved she had advised or encouraged certain other people to evade tax.

It found her reputation had suffered no material injury through the material published by RTÉ about Mr Howard and awarded no damages.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times