A District Court judge has sued the Sunday Independent for libel over a article which, the judge claims, referred to him as a "mobile phone freak".
Judge Joseph Mangan said he was upset, annoyed and infuriated when he read the front-page article.
Miss Justice Carroll and a jury were told it was published on March 22nd, 1998, after Judge Mangan's mobile phone went off while he was sitting at Tallow District Court, Co Waterford, and he left the bench for a short time.
Judge Mangan (56) has brought libel proceedings arising out of the article, by Gene Kerrigan.
The lengthy article included a section which read:"As for Judge Finn throwing a journalist into a cell because the poor hack's mobile phone rang; and Judge Mangan, on the same day in a different court, leaving his mobile phone switched on so he would take a call in mid-case; it is obvious that a little consistency is called for."
Judge Mangan claims the publication meant and was understood to mean that he had brought the courts into disrepute; was not a fit person to hold judicial office; had not acted in a judicially acceptable manner; and had acted in a manner inconsistent with the proper discharge of his judicial functions.
The defence denies the words bore or were understood to bear the meanings claimed. In the alternative, it pleads the words were fair comment on a matter of public interest, namely the discharge by members of the judiciary of their judicial functions and conduct in court. It is denied Judge Mangan has been damaged in his character and reputation.
Asked by Mr Garrett Cooney SC about his reaction to the Sunday Independent article, Judge Mangan said that as well as being upset, annoyed and infuriated, he felt embarrassed and humiliated. He was conscious it was being read by people from Cork to Donegal and further afield, wherever there were Irish people.
The most damaging thing in the article was to allege he had brought the courts into disrepute. He felt it meant he had acted in a dishonourable way and misconducted himself as a judge. Asked about the reference to "mobile phone freak," he said he took the word "freak" to mean somebody given to bizarre behaviour, an eccentric person. Persons of a younger generation might take it to mean a person who had a self-centred obsession with mobile phones.
Asked by Mr Kevin Feeney SC, for the defence, why he waited for 17 months - until August 1999 - before the letter went to the newspaper, Judge Mangan said he was conscious that, in order to pursue the matter, he would have to "take on" one of the wealthiest and most powerful organisations.
The hearing continues today.