A Co Meath solicitor and Revenue sheriff has settled a claim for defamation against RTÉ and a plumber who allegedly referred to him on the late broadcaster Gerry Ryan’s radio show as having seized goods from a wrong house.
In Dublin Circuit Civil Court on Monday, Hugh Mohan SC read a statement on behalf of RTÉ which stated the national broadcaster was “happy to acknowledge that Mr Patrick J Cusack had always carried out his duties as a solicitor and Revenue sheriff in a punctilious and careful manner in accordance with law”.
The statement added Mr Cusack had never carried out his duties in a manner that involved theft, robbery, burglary or intimidation of citizens.
Raymond Comyn SC, who appeared with barrister Frank Martin for Mr Cusack, told Circuit Court president Mr Justice Raymond Groarke that all other issues between the parties had been resolved. The terms of settlement were not disclosed in court.
Mr Cusack, of Oldcastle, Co Meath, had claimed that plumber Sean Murray had referred to him on the Gerry Ryan Show on April 15th, 2010, as having seized goods worth €3,000 from his property instead of that of Mr Murray’s brother, Barry.
Mr Cusack claimed that references during the show suggested the Revenue wrongly targeted the plumber’s “family home” instead of his brother Barry’s property and had taken goods from a wrong address.
Court pleadings
He stated in court pleadings that Revenue had been targeting Barry Murray’s plastering business, Guys that Plaster Limited, with an address at Balregan, Kilcurry, Dundalk, Co Louth. Sean Murray’s address was Balregan, Lurganheel, Kilcurry, Dundalk.
Mr Cusack claimed that a bailiff had, under warrant, entered a property identified to him as the premises of Guys that Plaster Limited and seized items in accordance with the code of practice for Revenue Sheriffs.
He alleged the content of the Ryan interview meant he had unlawfully broken into Sean Murray’s property, committed a burglary, and created criminal damage which included allegedly breaking down the door.
Theft claim
Mr Cusack claimed that he had been accused of theft and of stealing property to the value of €3,000 in a criminal act. The claim also included an allegation that he had entered the property surreptitiously, frightening Sean Murray’s wife in the process.
Both RTÉ and Sean Murray had entered full defences, denying defamation and all of Mr Cusack’s allegations.
Mr Murray had lodged a counter-claim against Mr Cusack, claiming exemplary damages for misfeasance, negligence or improper performance of a lawful act in public office, and also damages for trespass, wrongful detention of his goods and negligent mistreatment.
Mr Comyn said on Monday the matter had settled and Mr Cusack’s claim and Mr Murray’s counter-claim could be struck out, with no further order.