THE HIGH COURT has struck out a pre-trial motion in the case of a man who was wrongly linked to the Parnell Square attack over a year ago. 

Abdelhafid Bensaada took legal action seeking damages for defamation and breach of privacy against online publication Gript and its editor John McGuirk, after the publication connected him to the stabbing attack on a number of children and a care worker in Dublin city centre on 23 November 2023.

A motion seeking a defence from Gript and Mr McGuirk came before the High Court this morning – the first time that the case has been in court. 

The motion was filed because the plaintiff’s legal team did not receive a defence from the defendants. 

Ronan Lupton SC, on behalf of Regan McEntee and Partners LLP, acting for Mr Bensaada, told Mr Justice Brian Cregan that the motion had been ‘disposed of’ shortly before the court sat morning, indicating that a defence had been received from Mr McGuirk and Gript.  

Lupton told the court that the motion could be struck out with an order for the costs of coming to court and filing the motion payable to Mr Bensaada. 

He told the court that the defendants had not presented a verifying affidavit to accompany the defence as is required by statute. A verifying affidavit is a document which must be filed to confirm that any facts and assertions made by a party in a court case are true.

Lupton told the court that a verifying affidavit is “required from Mr McGuirk” and that he would issue another motion in the matter if this was not received from the defendants within the statutory time period. 

Mr Justice Brian Cregan agreed to strike out the motion. 

Abdelhafid Bensaada is represented by Regan McEntee and Partners LLP. Gript Media Ltd and John McGuirk are represented by Robinson Solicitors.

On 28 November 2023, Gript published an article on its site in which it outlined extensive information a man’s immigration and asylum history, which it said was the history of the suspect in the Parnell Square attack in Dublin. 

One little girl was left in critical condition following the incident, and remained in Temple Street Hospital for 373 days as a result of the attack. She is now living with an acquired brain injury.

Public disorder erupted in the capital following the attack outside the school on Parnell Square. So far, 65 people have been arrested in relation to the rioting.

Riad Bouchaker has since been charged in court in relation to the Parnell Square attack. Abdelhafid Bensaada had no involvement in the attack.

Gript did not name the man in its article but published detailed and specific information about him, claiming that the information was about the man suspected of the stabbing attack. 

Mr Bensaada was subsequently identified and named on social media by other people unrelated to the website. 

On 29 November 2023, Gript Media Ltd published a correction to its site, in place of the original article, in which it claimed that it had been misled by a source on the identity of the potential attacker.

It said it had not named the man in the article, adding that it had a policy not to name individuals before criminal charges are brought.

In a statement issued at the time that did not name Gript, the Garda Press Office said: “The individual referenced in the article is not a person of interest in the investigation into the knife attack of last Thursday. An Garda Síochána has contacted the online news outlet and the outlet has agreed to remove the article.

“An Garda Síochána is aware of some social media posts resulting from the article that purport to identify the individual and has put in place measures to ensure the safety of the individual.”

Gardaí also put safety measures in place for Mr Bensaada in order to keep him safe. 

Last year, Mr Bensaada initiated legal action against Gript and editor John McGuirk. 

The plaintiff indicated in pleadings that he has received “significant abuse and condemnation both online and in-person” as a result of the article and subsequent comments. 

“The Article has caused the Plaintiff serious loss and damage to his reputation as well as a great deal of distress,” the pleadings state. 

“Furthermore, the Plaintiff has suffered significant personal injuries as a result of the psychiatric and physical trauma he has suffered subsequent to the publication of the Article.”

The pleadings state that “at no stage did Gript Media seek to properly make amends or offer a contrite and proper apology directly to the Plaintiff and by name, in spite of grave wrong perpetrated against him and his name being widely accessible and discussed online”. 

The case is expected to proceed to trial this year.