Solicitors of Taoiseach and Fianna Fail claim to be libelled by internet posting

- Firm say they are not acting on any clients’ behalf
- Solicitors ask for the “name and address” of users
- Politics website transfers to US servers after claim

Frank Ward & Co, solicitors for Taoiseach and the Fianna Fail, have had comments removed from an Irish politics website after claiming them to be libellous to the firm.   

The offending posting on Politics.ie referred to the handling by Frank Ward & Co of their former client Grainne Carruth around the time she was giving submissions to the Mahon Tribunal. Carruth, who is Bertie Ahern's former secretary, changed solicitors between different dealing she has had with the tribunal.

The Sunday Business Post recently quoted her as telling the tribunal she did not know why she changed firms: “I don’t know.... I was upset and this was coming on a daily basis to my door and I just wanted it out of my house, and my husband found Mr Millar…. I don’t know why I didn’t go with Mr [Liam] Guidera [of Frank Ward & Co]. I just wanted everything away from my door.”

Politics.ie removed the comments made by one of its users at the request of Liam Guidera. But David Cochrane, the owner of the website, said he would not be revealing the names of the six users as requested by Guidera, who wrote, "Such comments are entirely untrue and grossly defamatory of this firm and its Partners".

In a statement on the site, Cochrane noted: “On Thursday night a new user to the website posted a thread making allegations about a Tribunal witness and a firm of solicitors, those comments were inaccurate, untrue and were malicious - I unreservedly apologise for those comments being posted.

“Don't Get Dave Sued"
He said the site tries to maintain free speech, and his moderation policy is “Don't Get Dave Sued, as in don't say anything that would get me into legal difficulty.”

He added: “Any time such comments are posted, they are always removed when pointed out to us, either by users of the site, or by solicitors acting on behalf of a client”.

Cochrane has so-far published two letters from Guidera, stating that the first letter “was not sent as confidential”. A second letter was also published, but included the note: “I am posting the following, on the basis that this website is hosted in the United States of America, and as such I am using the First Amendment which guarantees freedom of speech.”

The First Amendment is currently quoted on Politics.ie’s homepage, but Cochrane says “It's not my intention to antagonise” explaining a ban he has placed discussion about Ahern and the tribunal, which he says “remains for the time being” even thought Guidera says he has not requested such.

Comments

[Colm]

I have browsed through some of the discussion on this issue on Politics.ie. There seems to be an element of celebration that politics.ie have moved to a US server and that freedom of speech is now an absolute right. Now I suspect an Irish court may still have some say in that but even if they are powerless is freedom of speech such a god given right even if what is posted is untrue? If it was a case that the site was moving to the US to defend the freedom of expression of David Corchern and a group of named identifiable posters then I would feel far more comfortable.

However a quick flick through other postings revealed that the site does walk a very thin line at times and much of the problem stems from anonymous posters hiding behind nicknames. The abuse hurled at some public figures is quite disturbing. It comes from all political shades and generally it seems to be a fundamentalist member of one party attacking a politician from a rival party.

I would have thought that this sort of old fashioned rabid political hatred had gone from Irish politics but some of the posters on that site are quite scary in their blind loyalty to party and leader and their corresponding blind hatred of all rival opinions. I don’t think these anonymous individuals have an unfettered right to freedom of speech. They aren’t journalists and I would be worried if journalists started to defend them.

I do hope David Corchern doesn’t get sued. He provides a valuable service on politics.ie. But this may prompt a much needed rethink on the freedom of anonymous boards.

[John]

Quickest out of the blocks in the wake of the Bertie Ahern resignation had to be a group of people from Boyle in Roscommon who had the Bertie Ahern tribute website up and running in a matter of hours. www.bert.ie

Not far behind them was www.takeendawithyou.com