Appeal in defamation proceedings dismissed where defendant’s grounds were without foundation

Court of Appeal – defamation - seven different alleged publications - each was said to relate to the discharge by the plaintiff of his duties as head of security of the Turf Club - jury found five of these publications to have been made when the defendant had no honest belief in their truth and as part of an orchestrated campaign against the plaintiff - award of damages was made in his favour in a total amount of €300,000 - award included sums by way of aggravated and exemplary damage - book of evidence - performance enhancing drugs had been found on the properties of persons associated with the horseracing industry in Ireland – inspections – publications – proceedings – trial – High Court rejected the application of the plaintiff that the trial judge direct the jury to disregard the evidence given on behalf of the defendant by trainer and that he strike out the defence of qualified privilege in relation to three of the publications – application to withdraw evidence – court found that there was sufficient evidence as to malice to go to the jury on the first, second, fifth, sixth and seventh statements – issue paper - appeal – malice – objection - the judge’s charge - malice ‘in the legal sense of the word’ - assessment of the charge - focus on improper motive - established relationship - evidence of malice – agency - application of agency principles – liability for words spoken in a meeting - trial judge’s decision – liability for solicitors’ communications - malice and communications to and from solicitors – miscellaneous issues – admissibility of the evidence - refusal to adjourn the trial – whether damages were disproportionate and excessive - aggravated and exemplary damages - grounds relied upon by the defendant in this appeal against the consequent findings and awards made by the jury are without foundation - defendant has not established that the award of €200,000 in general damages made in favour of the plaintiff was either unreasonable or disproportionate, and the jury award of €50,000 for aggravated and of €50,000 for exemplary damages should not be interfered with – appeal dismissed -