8.
In a replying affidavit the defendant candidly admits that he did indeed say to the journalist the quoted words “I suppose I am going a bit too far when I say this but I’d like to ask Mr. Quinlivan is the brothel still closed?”, but
he denies “most categorically and emphatically” that he said to Mr. Dwane that the plaintiff was the co-owner of the apartment in question. The defendant also accepts that, contrary to a mistaken impression that may have been given in his solicitor’s letter of 27th March, 2009, that the quoted statement was volunteered by him spontaneously and was not made in reply to any question by the journalist.
9. The defendant for his part takes issue with remarks attributed to the plaintiff in the report to the effect that Mr. O’Dea in common with “dissident republicans” was spreading the story that he owned the property and that he,
Mr. O’Dea, was going around town slandering the plaintiff and was “up to every kind of dirty trick”. The defendant claims that these allegations by the plaintiff are wholly unfounded, unsupported by any evidence and are made in an attempt to provide an appearance of support for the present application. Finally, the defendant maintains that he proposes to defend the present action vigorously. In submissions on his behalf, counsel stated that it was not intended to plead justification as such but,
in so far as the claim is based on an alleged slander to the effect that the plaintiff was co-owner or part owner of the apartment, it is denied that any such statement was ever made by the defendant. In so far as it is based upon the quoted question as to the brothel being still closed, it would be denied that the words are defamatory and the question will be claimed to be one which the defendant was entitled to raise as a public representative for the area in question.
25. The defendant admits, however, that he did say to Mr. Dwane that he would like to ask the plaintiff whether the brothel was still closed. As a question to be posed to a candidate in a rival political party it is clearly open to the interpretation that some connection is intended to be made between that candidate and the operation of a brothel. It might not, perhaps, be defamatory at all if the candidate or addressee of the proposed question was someone with responsibility for policing such matters.
The defendant has emphatically denied that he ever made the substantive statement as to the plaintiff’s co-ownership of the apartment and the true position as to that ownership and the absence of any involvement on the part of the plaintiff has already been made clear in the article of 10th March, 2009