Sunday 19 November 2017

Publishers Penguin and authors of Kinahan cartel book apologise to man, court told

The High Court, Dublin
The High Court, Dublin

Aodhan O'Faolain

A man has received an apology from publishers Penguin and the authors of a book about the Kinahan crime cartel.

The apology was made before the High Court to Derek Cervi.

Mr Cervi had sued publisher Penguin Random House Ireland and the authors - journalists Owen Conlon and Stephen Breen -for defamation over the book entitled "The Cartel - The Shocking true story of the rise of the Kinahan crime cartel and its deadly feud with the Hutch gang." 

Mr Cervi, of Russell Avenue, East Wall, Dublin, said the book had wrongly stated he was arrested and later released without charge by the gardai.

He said he was not arrested at any stage.

He claimed the book, which was published in May, also wrongly linked him to criminality. 

Mr Cervi said he has never been involved in criminality.

He also said the book has brought him unwanted attention and is concerned for his and his family's safety.

As well as seeking damages, Mr Cervi also sought orders correcting what he claims are defamatory statements and that all unsold copies of the book be recalled.

When the case was called before Mr Justice Richard Humphreys on Monday, the court was informed by Martin Hayden SC, for Mr Cervi, that the proceedings have been resolved.

As part of the settlement, an apology to Mr Cervi was read to the court by Cian Ferritter SC on behalf the publishers and the authors.

It stated the defendants "acknowledge and accept that there was an erroneous reference to Mr Cervi having been arrested" in the book.

"This was incorrect and the defendants accept that Mr Cervi was not arrested and that he has no association with the Hutch or Kinahan gangs."

"Penguin have agreed to correct this error in all forthcoming publications of the book," counsel said.

The defendants also apologised for the "upset and distress that this has caused to Mr Cervi and his family," the apology concluded. 

Mr Justice Humphreys welcomed the resolution of the proceedings.

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