PR consultant Monica Leech has lost her High Court action for damages alleging she was libelled in an article in the Irish Independentabout vulgar claims made about her by a caller to RTE's Liveline.
After some 90 minutes deliberations yesterday, a jury of six men and six women found the article of December 17th 2004 did not mean that Mrs Leech, a married woman, had performed sexual acts for Martin Cullen in exchange for public contracts.
On the basis of those findings, the jury was not required to assess damages for Ms Leech .
After the jury delivered their verdict just before 6pm, Mr Eoin McCullough SC, for Independent Nespapers, applied for the costs of the proceedings, which ran for three days. Mr Paul O'Higgins SC, for Ms Leech, argued that Ms Leech was entitled to some costs.
After considering the submissions, Mr Justice Peter Charleton ruled that Ms Leech must pay the costs of the action but said he would limit the actual hearing costs to the cost's of one day's hearing.
This was because the defence would benefit from the fact the law on qualified privilege based on public interest was clarified during the case, he said.
He directed that Ms Leech should receive the costs of a motion brought in the case to strike out an aspect of the defenne which particular aspect - relating to a defence based on publication in public interest arguments - was not subsequently relied upon.
On the applicaton of Mr O'Higgins, for Ms Leech, he put a stay on the costs orders in the event of an appeal.
