The High Court has dismissed an application by the publishers of the Mail on Sunday newspaper to stop the widow and one of the sons of murdered Belfast solicitor Pat Finucane from suing the newspaper for libel in the Republic.
Mr Justice Quirke yesterday rejected the claim by Associated Newspapers Limited (ANL) that the High Court here has no jurisdiction to hear the case.
He said the issue was whether Ms Geraldine Finucane and her son, John, had, on the date of publication of the article complained of on July 30th, 2000, enjoyed a reputation within this jurisdiction.
He said both had adduced evidence that they are known to persons in the Republic by reason of a campaign to draw attention to the murder of Pat Finucane.
He added that evidence had not been contested by ANL. In the circumstances, both had established they were known to some persons in the Republic.
The judge also noted submissions by Mr John McMenamin SC, for the Finucanes, that they were Irish citizens, and entitled to the protection afforded by constitutional provisions requiring the State to vindicate the good names of its citizens.
He said perhaps of greater relevance was the fact that the law on defamation in the Republic contained a presumption that a person's character was good until the contrary was proved. Plaintiffs in libel actions here had to establish injury to reputation resulting from defamation.
He was delivering judgment on an application by ANL to strike out proceedings taken against it by Ms Finucane and Mr John Finucane arising from an article in the Mail on Sunday in 2000, and entitled "Fury at BBC film showing the IRA as heroes".
Similar libel proceedings have been brought by Ms Finucane's son Michael and daughter Catherine, who reside in the Republic, but no jurisdictional proceedings were brought against them.
Mr Justice Quirke heard the Mail on Sunday had apologised, in other proceedings, to the wife and daughter of Dermot Finucane over the article. Mr McMenamin said Ms Grainne Finucane and her daughter, Ailish, had received "more" than an apology.
Mr Justice Quirke said he accepted both plaintiffs had to establish they had a good arguable case as to where the wrong took place for the purpose of jurisdiction. The plaintiffs had established that they were known to some persons in the Republic. He awarded costs against ANL.