A District Court judge who was described in a Sunday Independent article as a "mobile phone freak" was awarded €25,000 damages for libel by a High Court jury yesterday. The question of who pays the costs of the proceedings, estimated at €750,000, will be decided next Tuesday.
Judge Joseph Mangan, of Ennis, Co Clare, had alleged he was libelled in the front-page article by journalist Gene Kerrigan published on March 22nd, 1998.
The action was heard by Ms Justice Carroll and a jury over five days. The jury brought in its verdict yesterday afternoon.
The jury was asked if the article complained of bore all or any of five defamatory meanings which were set out on the issue paper. They replied Yes to one question and No to four.
The jury found the article bore the defamatory meaning that Judge Mangan had acted in a manner inconsistent with the proper discharge of his judicial functions. It found the article did not mean that Judge Mangan had brought the courts into disrepute; that he was not a fit person to hold judicial office; that he was a mobile phone freak who was given to engaging in inconsistent behaviour; or that he had engaged in ludicrous behaviour.
As the jury answered Yes to at least one question, it proceeded to assess damages at €25,000.
After the verdict, Mr Garrett Cooney SC, for Judge Mangan, suggested that a decision in relation to costs be left to another date.
Mr Kevin Feeney SC, for Independent Newspapers, agreed. Ms Justice Carroll said she would deal with costs next Tuesday.
Originally, the case had been heard before a judge and jury in the High Court in November 2000. On the second day of that hearing, the jury was discharged and the judge said there would have to be a new trial.
The application to discharge the jury on that occasion was made by counsel for Judge Mangan following the opening of the defence by counsel for Independent Newspapers. The costs of that two-day hearing were left to be determined at the conclusion of the new trial.
Total costs of both sides in both trials are estimated at €750,000.
Because yesterday's award was less than the £30,000 maximum that can be awarded in the Circuit Court, where legal costs are lower, Independent Newspapers is likely to argue that it should have to pay only about one-third of Judge Mangan's costs and that he should pay part of their costs because the hearing was in the High Court.
A final decision on who pays will rest with Ms Justice Carroll.
Judge Mangan said in a statement last night that he welcomed the jury's finding, which had vindicated his reputation.
Last July, the Supreme Court ruled that the judge who heard the case in November 2000 was wrong to have discharged the jury and awarded costs of the Supreme Court appeal to Independent Newspapers. Those costs total about €20,000 each, but the Supreme Court decision that Independent Newspapers get their costs from Judge Mangan is being appealed.
The Sunday Independent article referred to three District Court judges. It stated: "The 'genitalia' judge [Paul McDonnell\] and the two mobile phone freaks [Terry Finn and Joe Mangan\] may well have brought the courts into disrepute, but it's not entirely their fault."
It continued: "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 could take a call in mid-case; it is obvious that a little consistency is called for."
Judge Mangan's mobile phone had rung while he was sitting at Tallow court, Co Waterford. The High Court was told he left the bench with the court clerk for a short time to deal with the call, which he was expecting and which related to an urgent health board application.
The judge arranged to sit later that day in another court to deal with the application and then resumed the Tallow sitting.
On the same day, another judge sitting in a District Court in Dublin had ordered that a journalist be temporarily detained when his mobile phone rang in court.