John Carthy's mother and sister settle libel action

The mother and sister of John Carthy, who was shot dead six years ago by members of the Garda Emergency Response Unit in Abbeylara, Co Longford, have settled a High Court libel action over an article in the Sunday Independent.

Under the terms of settlement, the newspaper yesterday apologised in court to the Carthys and will publish a front-page apology on Sunday.

The Sunday Independent apologised to Rose Carthy and her daughter Marie over an incorrect allegation, made in a report on October 31st, 2004, that new evidence had been presented to the Barr tribunal to the effect that John Carthy had been in dispute with his sister over land which he had inherited from his relatives.

Mr Carthy (27) was shot dead during a siege in Abbeylara in April 2004. The Barr tribunal into the circumstances of his death is due to report shortly.

Rose and Marie Carthy had brought proceedings against Independent Newspapers (Ireland) Ltd alleging libel in the article published under the headline "Dramatic new evidence in Abbeylara case".

The case had been due to open yesterday before Ms Justice Elizabeth Dunne and a jury. However, after talks between the sides, Hugh Mohan SC, with Michael O'Higgins SC, for the Carthys, told the court the action had been settled.

The apology was read to the court by Brian O'Moore SC, with Eoin McCullough SC, for the newspaper.

It stated: "On the 31st October 2004, the Sunday Independent published an article entitled 'Dramatic new evidence in Abbeylara case' concerning the Barr tribunal of inquiry into the Abbeylara siege.

This article contained the incorrect allegation that new evidence had been presented to the tribunal to the effect that the deceased John Carthy had been in dispute with his sister Marie Carthy over land which he had inherited from his relatives and had, as a result, a strained relationship with his relatives.

"We now accept that such allegations were false and that the Barr tribunal had previously found in a private hearing that John Carthy had not inherited any land from relatives.

"The Sunday Independent unreservedly withdraws these allegations and apologises to Marie and Rose Carthy for the hurt and distress these allegations have caused to them and for the damage to their good name and reputation."

After the apology was read, Ms Justice Dunne received into court the settlement, which counsel said contained seven terms. She also struck out the proceedings brought by Rose and Marie Carthy, and made agreed cost orders in favour of the Carthys.

Outside court Marie Carthy said in a written statement that the last six years had been very difficult for the family. She was pleased the newspaper had yesterday unreservedly withdrawn the allegation and conceded that it was false.