Ganley team say judge should not hear case
Published 08/04/2016 | 02:30
A judge should not deal with Declan Ganley's defamation case against RTÉ after writing a magazine article querying the source of funding for Libertas, the High Court heard.
Mr Ganley, founder of the Libertas lobby group, is suing RTÉ over a November 2008 'Prime Time' programme.
The defamation case was initiated in 2012 and a trial date has yet to be set.
Yesterday Declan Doyle SC, for Mr Ganley, told Mr Justice Colm MacEochaidh, who manages the list of High Court jury cases, that there were "critical" pre-trial applications.
Mr Justic MacEochaidh wrote an article before being appointed a judge, published in 'Village' magazine in 2008.
Counsel said the article referred to the 'Vote No' anti-Lisbon Treaty campaign run by Libertas in 2008, describing the campaign as "brilliant" but based on "false" claims.
He said it raised issues about how Libertas was funded.
Mr Doyle said it is appropriate for a judge to recuse themselves when there is evidence of objective bias.
The judge will give his decision on a later date.