The Supreme Court will give judgment tomorrow on the appeal by Fianna Fáil TD Ms Beverley Cooper-Flynn against the outcome of her failed High Court action alleging libel in a series of RTÉ broadcasts.
The 1998 broadcasts included claims that the Mayo TD had encouraged or assisted a number of persons in tax evasion.
The two-day appeal was heard by a five-judge Supreme Court in February and judgment was reserved.
The appeal is against findings by a High Court jury in March 2001 in proceedings brought by Ms Cooper-Flynn (36), a former financial adviser with National Irish Bank, against RTÉ, journalist Charlie Bird and a retired farmer, Mr James Howard.
After a 28-day hearing, Ms Cooper-Flynn failed to get damages when the jury decided her reputation had suffered no material injury as a result of the RTÉ broadcasts of June and July 1998. She was later directed to pay the costs of the action, estimated at some £2 million. RTÉ had indemnified Mr Howard against costs.
She had claimed that, in the RTÉ broadcasts, words were used which meant she had instigated a scheme whose object was the evasion of the lawful payment of tax. In some broadcasts, Mr Bird interviewed Mr Howard (71), formerly of Ardcath, Co Meath, and now of Acorn Way, Wheaton Hall, Drogheda, Co Louth.
In response to four questions the jury decided (Question 1) the defendants had not proved Ms Cooper-Flynn had induced Mr Howard to evade his lawful obligation to pay tax by not availing of the tax amnesty but (Question 2) had proved she advised or encouraged other persons (referred to in evidence) to evade tax. Question 3 asked whether Ms Cooper-Flynn's reputation suffered material injury through the matters published relating to Mr Howard and the jury answered No. Question 4 asked the jury (only if they had answered No to questions 1 or 2) to assess damages and the jury awarded none.
Lawyers for Ms Cooper-Flynn argued there was a "procedural but substantial miscarriage of justice" in the trial.
