Judge tells jury in O’Brien defamation case to consider nine questions

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Judge tells jury in O’Brien defamation case to consider nine questions
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Jury to begin considering their verdict on Thursday

The jury in the action by Denis O’Brien alleging he was defamed in articles published in the Sunday Business Post will begin considering their verdict on Thursday.

Mr O’Brien is suing Post Publications Ltd, publisher of the SBP, over articles published over six pages in the newspaper of March 15th, 2015.Their focus was a confidential PwC report given to the government in November 2008 which looked at the exposure of Ireland’s banks in 2008. Journalist Tom Lyons got a copy from a source in 2015 and shredded it shortly after the articles were published to protect the source.

They also ask did the articles mean, as a result of what was said about Mr O’Brien’s borrowings, the PwC report was one which he wished to keep secret or top secret and had been suppressed and that the story of Mr O’Brien’s borrowings and the amount thereof was telling and disturbing. If they answer Yes, to question 7 they must decide whether the manner and extent of publication were, in all the circumstances of the case no more than reasonably sufficient and fair and reasonable.If not, they go on to question 8 which asks them to assess damages in which context they will consider question 9, whether the defendant was motivated by malice in publishing the articles. If they find it was, they will assess punitive damages.

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