'Nazi' Slur Case Thrown Out

Two Northern Ireland-based journalists are out of pocket after having a libel action against a former Irish justice minister dismissed in the High Court in Belfast.

Michael McDowell was sued by the now closed Daily Ireland publisher Mairtin O Muilleoir and editor Robin Livingstone after he strongly criticised the newspaper.

The court ruled that Mr McDowell was immune from the jurisdiction of the courts of the United Kingdom.

Mr O'Muilleoir and Mr Livingstone were ordered to pay the costs, estimated to be in the region of £20,000.

Lord Justice Higgins said the Irish government was entitled to claim immunity under the State Immunity Act 1987 and therefore Mr McDowell was also immune.

Proceedings against Mr McDowell, a barrister in Dublin who lost his seat at the last election, began when he made his remarks shortly before Daily Ireland began publishing in February 2005.

The paper closed in September last year and the libel action began in November 2005, when lawyers for Mr McDowell argued that the case should not proceed because he had State immunity.

But publisher Mairtin O Muilleoir claimed that a "Nazi slur" made by Mr McDowell against his paper was a "reprehensible attempt to bully readers, workers and investors".

Michael Lavery, QC, described Mr McDowell's remarks as "scurrilous and outrageous" and said he had libelled Mr O Muillleoir and editor Robin Livingstone as fascists "in the manner of the appalling Nazi regime."

In his reserved judgement Lord Justice Higgins referred to the claim that Mr McDowell's remarks had increased the risk to Mr O'Muilleoir's life in breach of Article 2 of the European Convention, the right to life.

This is though to be the first time that a claim of State immunity had arisen in a court case in Northern Ireland.

(BMcC)