A CO MEATH solicitor and Revenue Sheriff has settled a claim for defamation against RTÉ and a plumber who allegedly referred to him on the late broadcaster Gerry Ryan’s Show as having seized goods from a wrong house.
Hugh Mohan SC today read in the Circuit Civil Court a statement on behalf of RTÉ which stated the national broadcaster was “happy to acknowledge that Patrick J Cusack had always carried out his duties as a solicitor and Revenue sheriff in a punctilious and careful manner in accordance with law.”
The statement added that Cusack had never carried out his duties in a manner that involved theft, robbery, burglary or intimidation of citizens.
Raymond Comyn SC, who appeared with barrister Frank Martin for Cusack, told Circuit Court President Mr Justice Raymond Groarke that all other issues between all of the parties had been resolved.
The terms of settlement were not disclosed in court.
Cusack, of Old Castle, Co Meath, had claimed that plumber Sean Murray had referred to him on the Ryan Show on 15 April, 2010, as having seized the goods, worth €3,000, from his property instead of that of his brother, Barry.
Cusack claimed that references during the show suggested that the Revenue wrongly targeted the plumber’s “family home” instead of his brother Barry’s property and had taken goods from a wrong address.
He stated in court pleadings that Revenue had been targeting Barry Murray’s plastering business, Guys that Plaster Limited, with an address at Balregan, Kilcurry, Dundalk, Co Louth.
Sean Murray’s address was Balregan, Lurganheel, Kilcurry, Dundalk.
Cusack claimed that a bailiff had, under warrant, entered a property identified to him as the premises of Guys that Plaster Limited and seized items in accordance with the Code of Practice for Revenue Sheriffs.
He alleged that the content of the Ryan interview meant that he had unlawfully broken into Sean Murray’s property, committed a burglary, and created criminal damage which included allegedly breaking down the door.
Cusack claimed that he had been accused of theft and of stealing property to the value of €3,000 in a criminal act. The claim also included an allegation that he had entered the property surreptitiously, frightening Murray’s wife in the process.
Both RTÉ and Sean Murray had entered full defences, denying defamation and all of Cusack’s allegations.
Murray had lodged a counterclaim against Cusack, claiming exemplary damages for misfeasance, negligence or improper performance of a lawful act in public office, and also damages for trespass, wrongful detention of his goods and negligent mistreatment.
Today Comyn said the matter had settled and Cusack’s claim and Murray’s counter-claim could be struck out, with no further order.
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