The High Court has ruled that a businessman can proceed with his action alleging defamation against a Sunday newspaper and a journalist.
John McAuley, Beattie Park, Celbridge, Co Kildare, had wanted to film “every precious moment” of the first minutes of his baby’s life.
He claims he was defamed in an article written by journalist Brenda Power and published in the Sunday Times in March 2009 shortly after the dismissal, by judicial direction, of his Circuit Court action against a midwife over interrupting his filming of the birth of his daughter by emergency Caesarean section. He had also sued the hospital involved.
The defendants had brought a pre-trial application to halt the action on grounds including it had no chance of success.
The president of the High Court, Mr Justice Nicholas Kearns, yesterday refused that application. The defamation action can now proceed for hearing at a later date before a judge and jury at the High Court.