A couple who own a Co Meath video shop began a High Court action yesterday alleging they were libelled in a Meath Chronicle report of District Court proceedings concerning pirate videos. Mr Noel Donnelly and Mrs Margaret Donnelly, of Gaskinstown, Duleek, Co Meath, own a video shop at Brew's Hill, Navan. They claim libel on December 19th, 1992, under the heading "Two Fined for Having illegal Video Tapes. IRA Funding Probe Led Gardai to House in Navan".
The Donnellys allege the article meant they were involved in raising IRA funds; were offering videos knowing them to have infringed copyright to raise IRA funds; and were bankrolling illegal organisations.
The newspaper claimed it published a fair and accurate report of District Court proceedings in Navan, on December 9th, 1992, under absolute privilege.
Mr Hugh McGahon SC, for the Donnellys, told Mr Justice O'Higgins there were no circumstances in which the reporter could not have been aware that, in the District Court proceedings, there were two separate charges against two different types of people relating to different search warrants. By not making that clear, the report gave the impression that his clients were IRA members.
Mr Donnelly said he, his wife and his elderly father had been prosecuted for hiring out pirate videos. His father had nothing to do with the video shop. He agreed other people had appeared at the same District Court hearing charged with video offences.
Cross-examined by Mr Garrett Cooney SC, for the Meath Chronicle, Mr Donnelly said he did not remember if the District Court clerk had read out six names on summonses. Asked if he was aware that the garda presenting the case was from a Dublin antiterrorist unit, Mr Donnelly said the man was not a local garda and agreed the officer was dealing with all six persons together.
Mr Cooney asked whether, during Det Supt James McHugh's evidence, District Judge John Brophy had asked if there was any question being raised which might affect State security. The superintendent had replied that this was possible and the judge had cleared the court.
The case continues.