The defamation case taken by Sinn Féin political manager Nicky Kehoe (62), a former IRA activist, against RTÉ, has heard the jury is not able to arrive at a unanimous verdict.
The High Court jury began deliberations on Thursday at 5.30pm and adjourned half an hour later. It resumed deliberations this morning and was asked after lunch whether it would be able to reach a unanimous verdict.
The jury foreman said "no" and Mr Justice Bernard Barton said they should try to reach a majority verdict. That meant nine jury members or more.
The case heard evidence over six days.
Mr Kehoe told the trial since his arrest during a shoot-out with gardaí in a foiled kidnap attempt of multi-millionaire Galen Weston in 1983 he had been building up his reputation again.
In his closing speech on behalf of RTÉ on Thursday, Cian Ferriter SC said Mr Kehoe had sued over a charge by former Labour TD Joe Costello on the Saturday with Clare Byrne radio show that the Sinn Féin member “is” a senior IRA member.
Ripped to ‘shreds’
Mr Costello alleged that a former chief of staff of the IRA was at meetings of Dublin City Council telling Sinn Féin councillors how to vote. In the exchange between Mr Costello and Sinn Féin representative Eoin Ó Broin in October 2015, Mr Ó Broin “ripped to shreds” the allegation made by Mr Costello, counsel said. Mr Kehoe’s name was first used by Mr Ó Broin, then a councillor and now a TD, who went on to defend Mr Kehoe. By the end of that exchange, Mr Costello withdrew the allegation and said Mr Kehoe “was” a senior IRA member.
Mr Kehoe claimed in the case that the reputation he built up over the 26 years, since he last came out of prison, had been destroyed in “one swipe” and that RTÉ should have shut down the debate as soon as his name was mentioned. RTÉ denied defamation and said it was not liable.
Mr Kehoe’s counsel, Declan Doyle SC, said any reasonable and rational analysis of the allegation was that Mr Kehoe was a member of the army council and was subverting democracy by giving instructions to Sinn Féin members of Dublin City Council, counsel said.
Mr Kehoe had been up-front and was ashamed about his IRA past, but this case was about someone being accused of subverting democracy in 2015, counsel said. At the end of the exchanges on the radio show, the allegation against Mr Kehoe was still hanging there. It had not been put to bed as claimed by RTÉ, he said.
