A libel action against Minister for justice Michael McDowell should not be allowed to proceed because he has State immunity, it was claimed in court yesterday.
The Minister is being sued in the High Court in Belfast by the publisher and editor of Daily Ireland, the newspaper which he strongly criticised shortly before it began publishing in February.
Publisher Mairtín Ó Muilleoir said outside the court: "Michael McDowell's Nazi slur against Daily Ireland was a reprehensible attempt to try to bully the readers, workers and investors, and this legal challenge is being taken to allow Mr McDowell to put up or shut up.
"When we announced our intention to stand up to this bullying, Mr McDowell said 'See you in court'. Today, rather than come to this court to let a jury decide on the merits of his Nazi allegations, he is hiding behind the cloak of sovereign immunity."
Brian Fee QC, for Mr McDowell, said his statement was on an official Irish Government website; the plaintiffs' letter of claim was addressed to Mr McDowell as Minister of State; and their writ was served at his constituency office in Ranelagh village, with a copy to the State Chief Solicitor indicating recognition that he would be involved on behalf of the Government.
"That disposes of the argument, in so far as there is one, as to whether State immunity applies," said Mr Fee.
He said Mr Ó Muilleoir had claimed that the Minister's remarks had increased the risk to his life and others in the newspaper group, although there was no such assertion by Robin Livingstone, the co-plaintiff and editor of the Andersonstown News Group.
"We submit that no material has been laid before the court which indicates a basis for asserting any increased risk to Mr Ó Muilleoir as a result of this statement," said Mr Fee.
Michael Lavery QC, for the two plaintiffs, said it was public knowledge that all prominent people in Northern Ireland engaged in politics might be subject to assassination.
"It isn't a very big jump that, by identifying Mr Ó Muilleoir and Mr Livingstone in the way that he has, it is bound to heighten the possibility of risk to them," he said.
Mr Lavery said that by identifying Mr Ó Muilleoir, who had been a member of Sinn Féin and was now running a newspaper group, the danger to him had increased.
He described Mr McDowell's remarks as scurrilous and outrageous and said the Minister had libelled the plaintiffs as fascists in the manner of the Nazi regime.
Mr Justice Higgins reserved his decision.