More time given in libel case over Lawlor death

Independent Newspapers (Ireland) Limited has been given more time by the High Court to lodge a defence in an action by a translator…

Independent Newspapers (Ireland) Limited has been given more time by the High Court to lodge a defence in an action by a translator living in the Czech Republic who alleges she was libelled in newspaper reports about the death of former TD Liam Lawlor in a car accident outside Moscow.

Julia Kushnir, a law student at Charles University, Prague, was in the car with Mr Lawlor at the time of the fatal accident.

She has worked as a translator and intermediator for business people in the Czech Republic.

Her action alleging libel is being taken against a number of newspapers owned by the Independent Group, including the Sunday Independent.

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Yesterday, Jim O'Callaghan BL, for Ms Kushnir, applied for judgment in default of a defence having been delivered. Counsel said his side's statement of claim had been given to the defendant last January and he suggested that the newspaper group was attempting to delay the hearing.

Eoin McCullough SC, for Independent Newspapers, said his clients were entitled to more information concerning the identity of Ms Kushnir.

He said his clients' newspapers had an extremely limited circulation in the countries allegedly involved but may have some circulation by way of the internet. He said the plaintiff was not identified in the articles complained of. Mr McCullough said his clients wanted to secure information as to where Ms Kushnir was residing and how long she stayed there. That was relevant to the identity issue.

Mr Justice Brian McGovern said that the plaintiff in the case was the only passenger in the car and therefore the reference to a female in the car had to be her.

Mr McCullough said the woman was clearly not named in the articles. "If you don't name her, it means nothing."

The judge said he would extend the time for the delivery of a defence. He directed that defence was to be provided three weeks after Ms Kushnir's side had delivered replies to a number of requests for particulars from the defendants.

The defence is to receive information concerning which words in the article are alleged to have identified Ms Kushnir along with details of the "innuendo" on which she is relying.