Shane Phelan: Both sides claim vindication in libel battle

Mr Kehoe won his case and said his reputation had been vindicated. Although his legal team sought substantial damages, he insisted afterwards that the case was about his good name and not about money. The €3,500 he will receive is the lowest High Court defamation award in modern times. And because the figure is so low - just a fraction of the €75,000 and above the High Court has jurisdiction to award - he now faces being penalised when the issue of legal costs is considered. RTÉ may have lost the action, but it was keen to accentuate the positives. RTÉ Radio One chief Tom McGuire said the outcome vindicated RTÉ's decision to defend the action. The case was a difficult one for the jury, which had much to consider. Firstly, they had to decide whether Mr Kehoe, jailed twice for serious terrorist offences, had a reputation to defame. Secondly, jurors were presented with a novel question for an Irish defamation case. If he was defamed, how much of the fault lay with RTÉ and how much with former Labour Party TD Joe Costello? On the first issue, the trial heard how Mr Kehoe had reformed himself since leaving prison in 1983, going on to become a councillor and an active figure in the GAA. They heard how, during an edition of the 'Saturday with Claire Byrne' programme in 2015, Mr Costello alleged a member of the IRA army council was directing Sinn Féin councillors on Dublin City Council. Mr Kehoe's name was introduced to the discussion by Sinn Féin TD Eoin Ó Broin, who gave an impassioned defence of his party colleague. Within minutes, Mr Costello had climbed down. Ms Byrne also read a clarification at the end of the show. However, it was clear from the verdict the jury felt there was still an inference hanging in the air, that Mr Kehoe did have a reputation, and he had been defamed. Although they did not find that the broadcast meant he was at that time on the IRA army council and involved in a deliberate attempt to subvert the operation of the city council, they did find it meant he was not a fit person to be involved in the democratic process. RTÉ, they found, was not entitled a defence of fair and reasonable publication. The verdict sends out the message that reformed terrorists, such as Mr Kehoe, are not fair game and have a right to their reputation. On the second issue, they ascribed 65pc of the blame for the defamation to Mr Costello, who was not a defendant in the case. The finding will come as a warning to participants on discussion programmes that it is not just the programme-makers who can be held liable for libellous remarks. They too can end up in hot water if they are not careful.

Shane Phelan: Both sides claim vindication in libel battle

Please sign in or register with Independent.ie for free access to Opinions.

A week of more contradictions, testing the parameters of journalistic privilege

Eilish O’Regan: Swift law-change under threat from service shortfalls

Kevin Doyle: As the back-slapping comes to an end, it's political business as usual

A week of more contradictions, testing the parameters of journalistic privilege Analysis

Serial rapist Paul Moore out of prison and pictured back on the streets Irish News

'You have to have your principles' - singer Declan O'Rourke turns down invite to perform... Music News

Carol Nolan quits Sinn Fein after she opposed party's policy on abortion Politics

Prisoner known as 'Spiderman' falls 40ft while collecting drugs from roof Irish News

White House deputy chief of staff resigning - White House officials North America

The Daily Digest

Don't Miss

Sinead Moriarty: Overwhelmed new mothers need support whether they choose to breastfeed or not Parenting

Adrian Weckler: How can you really know whether your child has a 'gaming disorder'? Technology

Top 20 cycles in Ireland: From family spins to off-roaders and those who want a challenge

Darragh McCullough: CAP reform is just tinkering around the edges of a flawed and broken system

We've come a long, long way together: How Ireland has changed since the last papal visit

Summer vibes - the very best blockbusters, gigs and festivals coming your way

John Giles: Southgate handled the World Cup build-up brilliantly - but I see one glaring absence in England's... World Cup 2018

Has the Celtic Phoenix already passed its peak?

WATCH: Fashion designer Helen Steele doesn't believe in doing colour by half