AN application by Independent Newspapers plc for an adjournment of a hearing of a libel action being taken by the Minister for Social Welfare, Mr Prionsias De Rossa, for the third time against the Sunday Independent was refused in the High Court yesterday.
The court was told three of the four senior counsel in the case were also appearing at the Tribunal of Inquiry (Dunnes Payments) which resumes on June 30th, and Mr De Rossa's action is scheduled to begin on July 3rd.
Both senior counsel appearing for the Sunday Independent, Mr Patrick MacEntee SC and Mr Kevin Feeney SC, along with Mr De Rossa's two senior counsel, Mr Adrian Hardiman SC and Mr Paul O'Higgins SC, will not be available for the High Court hearing.
Mr Justice Moriarty said that, although he had every sympathy for the dilemma in which lawyers found themselves, it appeared Mr De Rossa had expressed a desire to have the matter finalised and had instructed his legal advisers he would not contemplate a deferment until the next law term which begins in October.
Mr De Rossa, the leader of Democratic Left, brought an action following an article in the Sunday Independent by Eamon Dunphy on December 13th, 1992.
Following an eight-day aborted trial last November, costs estimated at nearly £200,000 for each side were awarded against Independent Newspapers. Total costs of the 14-day trial last March, which ended in a jury disagreement, were estimated at £300,000 for each side.
Yesterday Mr Kevin Feeney SC, for Independent Newspapers, said it was now certain that the Tribunal of Inquiry (Dunnes Payments) was going to reconvene on June 30th and continue for an undetermined period.
Mr Feeney and Mr MacEntee were involved and committed to appearing at the tribunal hearing. If the tribunal hearing went beyond July 3rd there would have to be arrangements for other counsel to represent Independent Newspapers unless the High Court hearing was adjourned.
The newspaper group, he said, was anxious to keep its present lawyers, given the particular circumstances of this case. It would place it at a significant disadvantage if it had to instruct a new team.
He and Mr MacEntee had no control over the dates on which the tribunal sat. It was only at the end of last week that Monday, June 30th, had been decided as the definite starting date.
Independent Newspapers would, he said, consent to the action having priority in the next law term.
Mr Hardiman said Mr De Rossa was keen to finalise matters and he (Mr Hardiman) therefore had to oppose Independent Newspapers' application. His client would like to get the matter over with. He accepted it was an unfortunate turn of events from Independent Newspapers' point of view.
Mr Justice Moriarty said he had every sympathy for the problem facing both sides, but the tribunal, on foot of its rem it from the Government, was seeking to determine the issue before it at the earliest opportunity and had fixed June 30th to resume its hearing.
Mr De Rossa in expressing a desire to have the matter finalised had instructed his legal advisers that he was in no way contemplating a deferment of the hearing, which would take them into the Michaelmas law term.
Although he had every sympathy for the dilemma in which the lawyers found themselves there was no alternative but that the trial proceed on July 3rd.