Cork fishermen sue Guardian newspaper for defamation over online coverage of court case
Two Cork fishermen who were cleared of all charges brought after a Garda investigation into the alleged recruitment of non-EU fishermen into the Irish fishing industry have launched defamation proceedings against the Guardian newspaper.
Trawler owners and fishermen, Pat O’Mahony and Leonard Hyde are suing Guardian News and Media Ltd as a result of an article published online on November 2, 2015.
Two years ago a District Court judge dismissed all charges against the fishermen Leonard Hyde of Weavers Point, Crosshaven, Co, Cork, and Pat O’Mahony of Kinsale, Co Cork.
Both men were charged under the Illegal Immigrants (Trafficking) Act 2000 with knowingly facilitating the entry into the State on March 25, 2015, of a person whom they knew or had reasonable cause to believe was an illegal immigrant or a person who intended applying for asylum.
They were also charged under the Employment Permits Act 2003 with employing a Filipino, Demie Balbin Omol (aged 40), at Hugh Coveney Pier in Crosshaven between March 25 and June 10, 2015, without having an employment permit issued by the Minister for Employment.
The two men had denied the charges. Mr Hyde and Mr O’Mahony told the court they had presumed the agency they had used to hire the men, looked after their visas and work permits as it stated in the contract that the agent would “arrange all visas and travel documents”.
The High Court defamation proceedings have also been brought by the registered owner of the Labardie Fisher trawler, Labardie Fisher Ltd.
In the High Court today, Mr Justice Bernard Barton made orders for discovery of certain documents from the Department of Tourism, Transport and Sport and the Garda Commissioner in relation to the case. The documents were sought by the Guardian newspaper group.
The newspaper sought from the Department of Tourism all documents held by inspectors of the Marine Survey Office relating to the Labardie Fisher vessel and the Filipino fisherman Demie Omol. They also sought from An Garda Siochana any documents relating to Demie Omol and other crew members of the Labardie Fisher vessel.
The Department and An Garda Siochana had contended the scope of the discovery categories sought was overly broad and oppressive and the documents relating to the District Court case against the fishermen was covered by public interest privilege.
In his ruling, Mr Justice Barton said he accepted the newspaper’s contention that the scope of discovery is not so broad as would render compliance with the terms of the orders sought onerous to the point of being oppressive. The judge also accepted the newspaper’s contention that the claim for public interest privilege is not absolute.
Mr Justice Barton further stated he did not accept the proposition that An Garda Siochana’s role in the prevention of crime and its interest in the confidentiality of sources militates against making an order for discovery.
