MR PROINSIAS De Rossa is contemplating a second retrial of his libel action as the Coalition parties assess the potential political fall-out from the jury's failure to reach a verdict yesterday.
Counsel for both sides in the case taken by the Minister for Social Welfare against the Sunday Independent will return to the High Court today to discuss costs. These could be close to £300,000 on each side.
Mr De Rossa embarked on the case at his personal expense and is not indemnified by the State in his capacity as a Minister. A Government spokesman said that he had informed the Taoiseach and the Tanaiste at the time of the formation of the Government that he had initiated the action.
Speaking to Mr De Rossa by telephone from South Carolina yesterday, the Taoiseach, Mr Bruton, expressed his "regrets" that the case "has not been finally resolved". He indicated also that he did not envisage an early election.
He, like other members of the Government, was making valiant attempts to separate Mr De Rossa's private action from the fate of the Coalition. Members of the three Government parties were insisting that the inconclusive verdict would have no implications for the expected pre-summer election.
On the steps of the Four Courts after the discharge of the jury following nine hours of deliberations, Mr De Rossa said he intended to insist that "this matter be brought to a conclusion". Sources close to the Minister interpreted this to mean that a retrial would depend on the attitude of the Independent group.
Expressing his regret that the jury had not managed to reach a conclusion on the issues before them, Mr De Rossa said that, nevertheless, he was very pleased that in the course of this case the Sunday Independent had made clear that "they do not consider me to be a criminal in any sense, or indeed, that I tolerate crime in any sense or in any way.
A possible outcome in court today could be that Mr Justice Moriarty orders that each side bear its own costs. He could also defer costs until the end of a new trial.
The jury failed to come to a general agreement, but unanimously answered `no' to the question: Did the words complained of in the Sunday Independent article mean that Mr De Rossa personally supported anti-Semitism and violent communist oppression?
On his arrival in South Carolina, the Taoiseach told journalists that he had spoken to Mr De Rossa "as a colleague". He described him as having "great self-possession and understands the difficult task that he was undertaking."
Asked if the verdict would damage Mr De Rossa in his election campaign, Mr Bruton said it was "not material"
The Taoiseach said that when he talked to Mr De Rossa, he was not aware that he had taken a definitive decision on whether to proceed with his libel case. He was consulting with his advisers.
Mr Bruton dismissed speculation in Leinster House that an election would be called after his return from the US. "The job we are doing currently is government. At some point an election will be our job. I don't think anything precipitate will be done," he stated.
He stressed that he had "deliberately kept my mind open" on the timing of an election. He was not being influenced by recent opinion polls showing a swing towards the Government.
