Defamation case stopped in court

A defamation action against Ryanair boss Michael O'Leary brought by IALPA (Irish Airline Pilots Association) leader Evan Cullen was stopped in the High Court yesterday. The claim relates to a statement made by Michael O'Leary on RTE television's 'Prime Time' program in which he described Cullen as a 'failed Aer Lingus pilot'. Ms Justice Elizabeth Dunne discharged the jury and ruled that the case would have to be heard in front of a new court after lawyers for Mr Cullen had failed to include in their claim that the alleged defamatory remark had been rebroadcast on the internet and on RTE Radio's 'Pat Kenny' program.

She said the claim of re-broadcasting had "landed on front of a jury in a way that seems to be unjustified" and she could see no way of trying to instruct the jury to put this additional claim out of their minds.

The court was told that the untrue and defamatory remarks were made by Mr. O'Leary on RTE's 'Prime Time' program on September 12 2006. Mr. Cullen claimed that the comment had inferred that he was not competent to fly and that although he had ceased flying duties he was still a highly regarded pilot within the airline.

The jury were shown the RTE program which had included reports which claimed that Ryanair's flying roster were leading to pilot fatigue. A studio debate ensued in which the Ryanair boss refuted the claims. When the presenter Miriam O'Callaghan decided to call it a day Michael O'Leary had added 'More scare stories from a failed Aer Lingus pilot'.

The remarks by Mr. O'Leary were of sufficient newsworthiness to be repeated the next day on RTE Radio's 'Pat Kenny' program.

In the intervening time frame, lawyers for Evan Cullen have attempted to elicit an apology from Michael O'Leary but the affair ended up in the High Court where the story has yet to run to it's end.