Three tobacco companies and the State have asked the High Court to dismiss claims for damages brought against them by a number of smokers on grounds that the "inordinate and inexcusable" delay in bringing the claims has prejudiced their entitlement to a fair trial.
The 17 smokers have sued the companies claiming damages for personal injuries due to alleged smoking related illnesses. They claim the companies have known since about 1950 that cigarettes are harmful and addictive and had concealed and suppressed those harmful effects from the people of Ireland.
It is claimed the companies "marketed and designed cigarettes to reinforce their appeal and addictive properties to attract all people in Ireland including children". Such actions constituted "assault and battery".
The claim against the Minister for Health and the Attorney General is grounded on alleged failure on the part of the State to effectively regulate the sale of tobacco products.
The State should have known since 1942 that cigarettes were addictive and from 1950 ought to have known that they were harmful and likely to cause illnesses, it is claimed.
In preliminary motions today, the hearing of which is expected to last several days, PJ Carroll & Co. Ltd, Player and Wills Ireland Ltd, Gallaher (Dublin) Ltd, and Minister for Health and Children, Ireland and the Attorney General applied to have the claims struck out on the basis that the "inordinate delay" in taking the proceedings had prejudiced the entitlement of the defendants to a fair trial.
Counsel for Gallaher's, Mr Dermot Gleeson SC, argued that the cases should be dimssissed as the delay was both "inordinate and inexcusable".
The issues went back to the 1940's and the court could not consider a fair trial was possible,given the length of time involved.
Many of those in the tobacco firms associated with the marketing and design of cigarettes were now dead, he said.
Counsel for the plaintiffs Mr Eoin McGonigal said the court should reject the motion to dismiss. The delay in taking the action was excusable given the issues involved and was not an undue delay. The claims were "wholly merited and justified."
The defendants and not his clients had delayed the case, he said. The tobacco companies were known for taking "a hard line in relation to defending proceedings like these", counsel added. His side was seeking a trial date for October 2007.