Many Enoch Burke supporters, and others, cannot understand how or why he has lost his defamation case against the Sunday Independent if what they published was untrue.
And it was untrue. The publisher accepted this, amended the record, and apologised.
But the Judge explained that you need more than merely the publication of an untrue statement to be compensated for defamation.
You must prove your reputation was damaged or diminished in the eyes of the reasonable man or woman.
And the judge held that Burke’s reputation was already diminished by his own actions in ignoring court orders made against him thereby becoming a contemnor.
The judge held that his reputation was incapable of being damaged.
I am unsure, quite frankly, if the judge meant his reputation could not be damaged as a general proposition. Or could not be damaged by the statements published by the Sunday Independent that he was annoying other prisoners in Mountjoy.
In any case, Burke has lost and will be on the hook for more legal costs if he fails to persuade the judge otherwise.
And his success rate at persuading judges of the High Court is abject.
Learn more about defamation law in Ireland.