Eamon Dunphy did not have to wait long yesterday morning to hear his fate over an alleged contempt of court. Within six minutes of entering the High Court, Mr Justice Carney had delivered his verdict and left. He was making "no further order" in the case.
The commentator was in court with Radio Ireland over comments he made on his programme, The Last Word, last Tuesday while the Proinsias De Rossa libel action was still before the High Court. Mr De Rossa subsequently won unprecedented damages of £300,000.
Mr Justice Carney, the presiding judge in the libel action, heard the programme and ordered Mr Dunphy to appear in court yesterday. Last week the commentator and the station faced the prospect of liability for all costs in the libel action had it been aborted. The judge decided yesterday to impose no sanction on Mr Dunphy or Radio Ireland. The relieved and chastened commentator had clearly learned an important lesson and decided to take advice from his legal team before opening his mouth afterwards to reporters outside the court. "Would you give us two minutes, so I don't get into any more trouble," he said.
A huddled conversation ensued and then it was decided that solicitor Mr James McCourt would make a statement. Mr Dunphy's only comment thereafter to the media was, "Boys, I've had enough of you".
In his brief statement, Mr McCourt expressed happiness that the matter had been "resolved". It was a matter of great concern that their broadcasting activities should have come to the attention of the court. They heard what Mr Justice Carney had to say on the matter and had nothing to add.
His words echoed those of counsel for the defendants, Mr Richard Nesbitt SC, during the brief hearing. Mr Nesbitt said it was a matter of the "deepest regret" that the broadcast had come to the court's attention in the way that it had.
If there was any contempt it was a contempt that was "absolutely unintentional" and was "an honest attempt" to debate a matter that was of public interest at the time.
Before giving his decision, the judge described Mr Dunphy as "not just an ordinary witness" in the libel action. He was the primary defence witness and the person whose column was being stood over by Independent Newspapers.
The judge said the radio programme touched on matters raised before the jury and he had to assume that they had heard Mr Dunphy's programme last Tuesday.
The programme involved a discussion between Mr Dunphy, an Irish Times journalist, Kevin Myers, and the Labour Party's political director, Mr Fergus Finlay, about the party's relationship with the Sunday Independent.
The matter would have been unexceptional had it not included Mr Dunphy and it would have been "wholly unexceptional" had Mr Dunphy been discussing "Chinese pottery", the judge said yesterday.
