Enoch Burke turns up to school again despite sacking - read OP before posting

It did have consequences.

They had to go to court and face the prospect of a large payout.

Even before going to court, they incurred legal expenses which they wouldn't get back if the case was dropped.

Then they did have to go to court, and that's when the meter really starts spinning.

Despite costs being awarded in their favour, what are their chances of collecting?

So you can be pretty sure someone in the Indo will have got a rap across the knuckles for this.

He is well known to be a frequent proclaimer of his religious views - getting into 'trouble' over such a thing, had it happened, would only enhance his reputation in the eyes of potential US donors, surely… but no had to play the victim card again.

(For a reasonable fee, my "how to be a more financially successful religious nutter" consultancy services are available 🤪 )

APOLOGY

ENOCH BURKE IS IN FACT NOT A PERSON WHO PREACHES HIS RELIGION ALL THE TIME

Then he'd go for libel again… oh and the Sindo hasn't been a cut above anything except the gutter for going on forty years now.

In a well ordered society, there should indeed be consequences for the publishers of falsehoods, lies, untruths, whatever you want to call Irish Independent "journalism" such as the article about Burke.

A proper media regulator should be able to hit them where it hurts, with a substantial monetary fine for printing lies.

You think it’s acceptable for a newspaper to print a load of lies about someone just because you don’t like them?

The apology was several months later.

EB would have been better going the malicious falsehood route, and irrespective shoud have forced the indo to back up their claims of "usual trusted source" and without that could have proved reckless/malice.
Still may not have been able to prove any actuall loss.

Yep so the case he took was only about defamation and he lost.

This is quite an interesting discussion for me personally...I realise I know next to nothing about the law!

’You must hold up the Law of God (as I see it today)’

To hell with the rest of us, we’re godless heathens that are doomed.

I'd rather spend my eternity in the company of doomed godless heathens then the Burkes.

(BYOB).

Sorry but this is incorrect. The burden of proof is on the plaintiff to prove malice in relation to the impugned statement for malicious falsehood. It also only relates to untrue statements in relation to the plaintiffs profession. Saying that he was preaching in prison does not affect his profession or trade as a teacher.

Finally, he would have to show special damage caused by the statement, i.e. tangible financial loss.

Defamation was the appropriate route forhim to take despite the statement while being untrue was not defamatory.

Not quite correct either,

There's no point in argueing that defamation was appropriate, as it failed.
I agree on the loss, that may be the stumbling block of malicious falsehood, but it is not exclusively trade and profession. And maybe he could argue that the publication prevented him getting a job/job back…

From Section 42 of defamation act on malicious falsehood:
..the plaintiff shall be required to prove that the statement upon which the action is founded—
(a) was untrue
(b) was published maliciously, and
(c) referred to the plaintiff, his or her property or his or her office, profession, calling, trade or business.

so he's got a and c, and the indo was at minimum reckless as regards b.

I fully agree on Burke being left there till he purges his contempt.
But, I don't think the indo should get away with spouting bs either, even if he doesn't have a reputation.

On c above, it is from the Statute. It only has to refer to the plaintiff…ie him, irrespective of his trade/profession. He still has to prove loss and that may need trade/profession so thats still tricky.

But on b, "trusted source" …on who's say so? sounds reckless to me trusting a source who is proved untrustworthy. What's the evidence that they are to be trusted? And does the trusted source really exist?

that’s what I’m wondering…..

Does Enoch just break and purge his contempt ? The only other way he walks is if a presidential pardon is issued which I doubt very much will transpire. That has to be recommended / requested by politicians….

So he basically there until he breaks…. Almost 9 months in there… I’ve a feeling it’s going to run and run.

I agree that the indo should not be publishing false articles at all whether defamatory or not.

On the truetedsource, the journalist gave evidence that there was a confidential source for the original story. She then verified the story with a second source. Her sources, after publication informed her that the story was not accurate and a correction issued some time after.