A recent defamation case involving lorry driver, Mr Stephen Kelly, has been awarded €225,000 by the High Court. This is following reputational damage by The Sunday World.
The article concerned a fatal injury road collision. Published in 2009 which included comments by Liam Norris, father of Graham Norris.
Graham, who sadly died on October 12th 2005 when his car crashed into an articulated lorry, driven by Mr Kelly.
The Sunday World denied defamation and sought to rely on the Defence of Truth. Disputing claims made by Mr Kelly about lights and reflective markings on the vehicle.
Mr Kelly, acquitted in 2007 of dangerous driving causing death.
Convicted of failing to have a roadworthiness certificate. His vehicle did not have an under-running bar on the truck to prevent cars going underneath it.
Mr Kelly stated that the Sunday World article said that he had mislead the Circuit Court jury. They told that he was a callous person – claims which the jury decided were not proven.
The court found his reputation had been damaged. Jurors said the words contained within the article were not fair comment on a matter of public interest.
It assessed damages at €225,000.
Please note the statute of limitations for defamation case matters is 1 year.
Please take a look at our article for further information on defamation in Ireland.
John Gaynor & Co Solicitors
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