THE Albert Reynolds libel action suffered another setback yesterday when a juror was unable to attend due to his mother's hospitalisation.
She had been admitted to hospital with a suspected heart attack on Tuesday, and the juror spent the day at her bedside. He was expected to be able to participate in the jury yesterday, but when the court resumed in the morning Mr Justice French said she required surgery, and the juror needed to attend to give consent.
In the afternoon, the judge told the court and the 10 remaining jurors that the woman's condition was not critical" and the juror is expected to be in court this morning. It is understood the juror's mother did not have a heart attack, and suffers from gallstones.
Mr Reynolds is suing the Sunday Times for an article on November 20th, 1994, under the heading "Goodbye Gombeen Man". It said: "How a fib too far proved fatal for Ireland's peacemaker and Mr Fixit". The Sunday Times is denying libel, pleading justification and qualified privilege.
Four of Mr Reynolds's children and two sons in law were in court yesterday, expecting the verdict.
At 2 p.m., the court was adjourned until this morning when it will hear the rest of Mr Justice French's summing up. This brings to almost five the number of days lost in the five weeks of the trial due to illness and bereavement among the jury and their relatives.
The rest of the case may take longer than anticipated, as the judge told the court yesterday the hearing could continue for another two to three days.
Yesterday morning was taken up with more legal argument in the absence of the jury.
The questions already before the jury are:
1. Is the allegation complained of by the plaintiff in substance true?
If Yes, the remaining questions do not arise. If No, please answer the remaining questions.
2. Was Mr Alan Ruddock [the article's author] acting maliciously (in the legal sense) in publishing the words complained of?
3. Was Mr John Witherow [the editor of the Sunday Times] acting maliciously (in the legal sense) in publishing the words complained of?
4. How much do you award the plaintiff by way of damages?
5. Do the words complained of correctly report Mr Dick Spring's stated reasons for withdrawing from the coalition governments.
During the case, Mr James Price QC, for the Sunday Times, told the jury they needed to answer the last question as well as the others as it might be the subject of legal argument later.
After the judge adjourned the hearing, both sides appeared exasperated by the day's events. He has not yet touched in his summing up on the evidence given by the three Sunday Times journalists, or on the points raised by Lord Gareth Williams QC, for Mr Reynolds, in his closing address to the jury. He will also have to guide the jury on the question of damages.
Both the lawyers and the clients on both sides are frustrated about the length of the trial and the amount of time lost due to mishaps among the Jury.
Ms Lednie Reynolds, Mr Reynolds's daughter, was almost in tears when the judge said he expected to take another two or three days. Mr Price said after the court was adjourned: "This is a very unusual trial." Asked by The Irish Times if he expected to be here till Christmas, Mr Reynolds said: "No, the New Year". He is due to leave for the United States today, where he is guest of honour at a speaking function. "I hear Concorde flies on Friday and it only takes three hours", he said.
Lawyers for both sides were expressing concern that, by the time the jury retired, at least a week and a half will have elapsed since they heard the closing speeches.