A BUSINESSMAN with a sideline as a model began a libel action in the High Court yesterday against Business and Finance magazine, which published a photograph of him accompanying an article on money laundering.
Mr Brendan Geraghty (55), of Sandymount Avenue, Dublin, is suing Belenos Publications Ltd, which publishes Business and Finance; Mr Mark Dunne, who wrote the article, and Brookfield Printing Company Ltd.
He claims the photograph, which he had posed for in 1985 in relation to another article in the magazine, was used without his permission nine years later with an article relating to money laundering.
He contends the photograph was used in such a way as to suggest he was engaged in the criminal activities referred to in the text and that he was one of the people involved.
The photograph was used with an article on October 9th, 1994, with the words: "Law Enforcement" across the top and with the headline "Cleaning Dirty Money".
The block of text above the article stated: "International criminals have long been using Ireland as a haven for money laundering seams. The recent Criminal Justice Act recognised this with its new money laundering provisions. This is the first time that we have had such legislation for preventing criminals from cleaning the soiled look from their ill gotten gains, writes Mark Dunne."
The defence denies the article or its contents referred or were understood to refer to Mr Geraghty. It admits the photograph is of Mr Geraghty but pleads the photograph referred to a fictional person and that he acted as a model. It denies the article bore the meaning that Mr Geraghty was involved in the criminal activities referred to in the article.
Yesterday, Mr Garrett Cooney SC, for Mr Geraghty, told Mr Justice Costello and a jury that Mr Geraghty was a businessman and for the last 25 years was engaged in recycling waste material, particularly clothes.
In addition, he had a sideline as a male model and was on an agency's books. He was in still photographs and had been in television advertisements.
The weekly magazine circulated to the business and financial sectors. It was influential and was usually bought by subscription.
In 1985, the magazine decided to run a front page article on exchange controls and to illustrate it with photographs. Mr Geraghty was contacted and went to the photographers in September 1985. He was photographed stuffing money into a bag. As far as he was concerned, that was the end of the matter and he was paid a £30 fee, with VAT.
The photograph was used on the front cover and inside. It was with an extensive article on exchange controls.
Nine years later, the magazine decided to publish an article on money laundering and the clampdown on criminals. It wanted to illustrate it with a photograph and looked through the files and" apparently came upon the one of Mr Geraghty with the bag.
The text of the article referred to money laundering. The photograph of Mr Geraghty, a law abiding businessman, was used without consent, in such a way as to suggest that he was engaged in the criminal activities. At the time, drug trafficking was rife in this State.
The impression given was that Mr Geraghty was one of the people involved in the serious activities referred to. As a result, Mr Geraghty was shunned by some business associates, he had been threatened and his life made a living hell.
In evidence, Mr Geraghty said when he saw the photograph and article he was "stunned and shocked. I felt I looked like a drug baron with the money.
The case continues today.