Foley loses court application against tabloid

The High Court has refused an application by Dublin criminal Martin Foley for an injunction restraining the Sunday World from…

The High Court has refused an application by Dublin criminal Martin Foley for an injunction restraining the Sunday Worldfrom publishing articles that might endanger his life.

Foley, known as "the Viper", took the proceedings following publication in the newspaper on December 5th last of an article under the heading "Foley's A Dead Man Walking".

His lawyers argued the article, by crime reporter Mr Paul Williams, caused him great concern and endangered his life.

However, Mr Justice Peter Kelly said the newspaper had not expressly exhorted anyone to harm him.

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Mr Justice Kelly said the newspaper was entitled to publish facts and opinions about him that arose from his involvement in criminal activities.

Mr Justice Kelly said: "The information in question is in the public domain and the bringing of this action with its attendant publicity has given it a much wider circulation. An injunction restraining this defendant ( Sunday World) from repeating it would have little value.

"Accordingly the application for injunctive relief is refused."

Foley has a right to bring the case to trial within the next six months to seek a permanent injunction, the court heard.

In an affidavit opposing the application, Mr Colm McGinty, editor of the Sunday World, said the portion of the article in question was not an attempt to provoke a further attempt on Foley's life.