Businessman Joseph Murphy, a director of Joseph Murphy Structural Engineering Ltd (JMSE), told a High Court jury yesterday that he did not, while in a busy Co Leitrim pub, accuse a self-employed plant hire contractor of burning two excavator machines at a quarry in Arigna.
Michael McManus, Mulberry Park, Ballinode, Sligo, has sued Mr Murphy, who has a London address, for alleged slander in Flynn's pub in Arigna, Co Leitrim on June 23rd, 2001. It is alleged Mr Murphy used words that meant Mr McManus committed arson. It is alleged that, in exchanges in the pub, Mr Murphy had said to Eoin McManus, a brother of the plaintiff: "Well, we know it was Michael did it."
Under cross-examination yesterday, Mr Murphy denied he had told Michael McManus in a phone conversation some weeks after the alleged pub exchanges that he had said the alleged defamatory words "in drink". He said he did not know who was involved in alleged arson at the Arigna quarry on August 15th, 2000 and had "no reason" to believe Michael McManus was involved.
Earlier, the court was told there was a fire at the quarry, which employed 30 people, on August 15th, 2000 and two excavators were destroyed.
Mr Murphy said he was in the back bar of Flynn's pub on June 23rd, 2001 with other people. At about 11.30pm, he said he heard screaming behind him and saw Eoin and Martina McManus shouting at Denis Flynn, managing director of Hill Street Quarries. He said Ms McManus was screaming about being arrested in front of her children, while her husband complained of being arrested.
Mr Murphy said he had said to the couple he knew nothing about the alleged arson. He said he had added this was not "the time or place" and to "just leave it". He said he told them he was not accusing ether of them.
Asked whether he said the alleged defamatory words, Mr Murphy said: "Absolutely not."
He said he telephoned Michael McManus some weeks after the incident because he heard he was looking for him. He said he had not accused Michael McManus of anything, but Mr McManus had said he had. Mr Murphy said he later got a solicitor's letter about the alleged slander.
Mr Murphy also said he had never had a meeting with gardaí in connection with the burning of the two machines. Nor had he sought approval to put an advertisement in the local papers offerng a €10,000 reward for information leading to the conviction of those involved in the alleged arson attack on the two diggers.
Earlier, Michael McManus said that comments were made by Mr Murphy and afterwards he, Mr McManus, had received hostile glances. Everyody knew he had been arrrested about the matter, he said.
Some weeks after the incident, Joseph Murphy had phoned him and said it would be better if they could sort the matter out, he said.
He said Mr Murphy wanted to meet him at the Galway races but he could not do so. Mr Murphy told him he would be the first to admit "where he was wrong" and had also said it was "the drink talking" that night. Mr Murphy had not offered an aplogy, Mr McManus said.
Cross examined by Fergus O'Hagan SC, for Mr Murphy, Mr McManus rejected a suggestion that the alleged slander was concocted.
The case before Mr Justice Eamon de Valera continues today.