Man wins €10 million in libel case
Donal Kinsella, a former deputy chairman of Kenmare Resources has won ?10 million in damages in a libel action
A former Kenmare Resources executive has been awarded a record €10 million damages by a High Court jury after they found he was defamed by a press release issued by the company about an “incident” in Mozambique in which he sleep walked naked into a female colleague’s bedroom.
The jury found the release wrongly meant Donal Kinsella had made inappropriate advances to the woman, company secretary Deirdre Corcoran, and awarded him €10 million against the company.
Outside court, Mr Kinsella (67) said he was “exhilarated and vindicated” by the jury’s verdict.
Mr Kinsella had sued Kenmare and its chairman Charles Carvill over the press release issued by the company on July 10th, 2007.
It stated the board was to seek Mr Kinsella’s resignation as chairman of the company’s audit committee arising out of “an incident” in which he sleep walked into the room of Ms Corcoran during a trip to Kenmare’s Moma Titanium Minerals Mine in Mozambique on May 9th, 2007 where a board meeting was held.
Mr Kinsella claimed, due to the release, he became an international “laughing stock” over sexual impropriety allegations of which he had earlier been exonerated of by an independent internal inquiry sanctioned by Kenmare and conducted by a solicitor. The defendants had denied defamation.
Following just over three hours of deliberation, the jury of seven men and four women awarded Mr Kenmare €9 million in compensatory damages and €1 million for aggravated damages.
Bill Shipsey SC, for Kenmare, described the award as “off the Richter scale” and asked Mr Justice Eamon de Valera to put a stay on the award pending appeal to the Supreme Court. It was inconceivable the Supreme Court wouild not overturn an award of
this size, counsel said.
The judge said he would grant a stay providing <€500,000 was paid out immediately to Mr Kinsella. He also adjourned the question of costs to next Wednesday.
In considering their verdict, the jury had to answer a number of questions.
They unanimously found the release had stated or inferred Mr Kinsella had made inappropriate advances to Ms Corcoran.
They also found publication of the release was intended to embarrass Mr Kinsella or put pressure on him in relation to his position in the company and that the defendants, or one or other of them, were “reckless” as to the contents of the release.
The jury disagreed as to whether the defendants, or one or other of them, knew or believed the contents of the release were false.
Mr Justice deValera said, given the jury’s answers to the other questions, the disagreement over that latter issue was not particularly relevant. He thanked the jury for their service and discharged them.
During the six day hearing, the court heard Mr Kinsella had sleep walked naked up to the door of Ms Corcoran’s bedroom three times during the night before being told to go back to bed by Kenmare MD Michael Carvill.
Mr Kinsella, who was prone to sleep walking, had been drinking earlier and was on medication and was not wearing pyjamas, the court heard.
Ms Corcoran was distressed by the incident and on return to Ireland, she complained about it and an investigation was carried out by an independent solicitor appointed by the company. The solicitor’s report found there was no conscious attempt to enter Ms Corcoran’s room and no improper motive in opening her door.
Mr Kinsella claimed this report exonerated him. While he had apologised to Ms Corcoran, he told the court he did not believe the incident justified his removal as chairman of the audit committee of which Ms Corcoran was also a member. Ms Corcoran did not want to work with him on that committee as it would involve working on a one-to-one basis with him, the company said.
Mr Kinsella said while he initially thought Mr Corcoran was just a “pawn in the game” to get rid of him, he now believed she played anactive part in it and his contrition dissipated when he discovered “she was going to tell lies.”
Ms Corcoran did not give evidence and nor did Charles Carvill, the company chairman and co-defendant.
The court heard, after Mr Kinsella learned a motion would be put to remove him as chairman of the committee, correspondence was exchanged between him and Charles Carvill, in which Mr Kinsella threatened to publicly disclose alleged clandestine payments to board directors. The company denied any such payments.
When Irish Daily Mirror editor, John Kierans, described as a longtime friend of Mr Kinsella, rang the company looking for Ms Corcoran, and talking about a “high jinks in the jungle” story, Michael Carvill called in public relations consultant Jim Milton, the court heard.
In closing speechestoday, Oisin Quinn SC, for Kenmare, said Mr Kinsella was a man who apparently would stop at nothing and could not see the point of view of either Ms Corcoran or the company. The tone of the press release was measured and
responsible, he said. It was considered, if the matter was not explained in clear terms, it would cause even greater damage to the company, counsel added.
Declan Doyle SC, for Mr Kinsella said it was nonsense to suggest, by referring to “an incident” in the press release, that Mr Kinsella had spilled coffee or stood on the toe of Ms Corcoran. Even the dogs in the street knew the wording meant something was “going on in the jungle and that Mr Kinsella tried to jump the secretary”, counsel said
