AN application by Independent Newspapers plc for an order that the Workers' Party disclose certain documents has been adjourned until January 20th by the Master of the High Court.
The discovery of documents is sought in connection with the libel action being taken by the Minister' for Social Welfare and leader of Democratic Left, Mr De Rossa, against Independent Newspapers. The libel proceedings followed an article by Eamon Dunphy in the Sunday Independent in December 1992.
Last month, the jury was discharged on the eighth day of the hearing. A new date for the hearing will be set later.
Counsel for Independent Newspapers, Mr Eoin McCullough, said yesterday the list of documents being sought were in three general categories: the relationship between the Workers' Party and Communist Party regimes in various parts of the world; the financial history of the Workers' Party; and alleged links between the Workers' Party and the Official IRA and the Workers' Party's response to them.
Mr McCullough said he was anxious to get the discovery motion on and give the Workers' Party time to comply with any order and to give his side time to consider those documents in advance of any new trial date.
His side had not previously looked for the documents. During the trial, Mr De Rossa had given evidence that following his break with the Workers' Party in 1992, he had a bonfire in which he burned all the documents he had taken from the Workers' Party, and said he wanted to break links with the past.
It was obvious that Mr De Rossa was not going to have the particular documents which the newspaper needed to pursue the action. They were clearly relevant. Mr Brian O'Moore counsel for Mr De Rossa, said his side wanted the case to proceed, hopefully by March.
Mr Seamus O Tuaithail, counsel for the Workers' Party, said he was seeking an adjournment of the discovery motion to January 23rd in order to be able to take instructions. The Workers' Party did not receive the motion until Monday last.
Seeking discovery from a political party was perhaps without precedent. It might be that there were other primary parties that might be approached. Senior counsel was being retained in the matter.
His clients would need to know the issues before they could decide what documents may be relevant. They would need to see the pleadings in the libel action, the affidavit of the solicitor for the newspaper and the part of the transcript of the trial. They would require to read the transcript to see what the issues remaining were.
The Master, Mr Harry Hill SC, said he would adjourn the application to the judges' list in the High Court on January 20th.