Brothers defamed by Kilkenny hunt chairman awarded Eur30,500 in damages
05 February 2013
Two Kilkenny farmers who were accused of being ‘a pair of paedophiles’ by a Kilkenny Hunt chairman have been awarded damages of over thirty thousand Euros. More details on the outcome of this case can be seen in the Irish Independent report below.
|Brothers Hubert and Norman Daniels: Defamed by chairman of Kilkenny Hunt|
Brothers defamed by local hunt boss get €30,500
Irish Independent, February 05, 2013
Two brothers who were defamed by the chairman of the Kilkenny Hunt, who referred to them as a "pair of paedophiles", have been awarded damages between them totalling €30,500 in the circuit court.
The defamation action was taken by Norman Daniels and Hubert Daniels, of Rathielty, Rathmoyle, Co Kilkenny, against Edward Norris, of Danesrath, Knocktopher, Co Kilkenny.
Judge Thomas Teehan, in his judgment at Kilkenny Circuit Court, said he accepted evidence that Mr Norris used the words "pair of paedophiles" when looking towards the brothers during a hunt on November 12, 2004.
Mr Norris told the court when evidence in the case was heard in December that he did say the brothers were "acting like a pair of paedophiles" when he met them during a meeting of the Kilkenny Hunt outside their land but didn't say they were paedophiles and didn't believe they were paedophiles.
The trial heard evidence from Mr Norris that parents were complaining to him about their children being recorded while taking part in the hunt.
Judge Teehan said in his ruling: "It is not an exaggeration to say that paedophiles are the most despised group in our society. This was so in 2004 and it is so today."
It was "gratifying", the judge said, that it was accepted by both sides that there was "absolutely no truth" to those words that were spoken by Mr Norris at the hunt in 2004, and he was satisfied that there "never was an attempt to photograph children, specifically".
The court heard the brothers had filmed the hunt whenever it passed near their land since 2000 on their solicitor's advice in case any damage was done.
The judge struck out a counter-claim lodged by Mr Norris for harassment.
He awarded compensatory damages to the Daniels brothers of €10,000 for defamation and exemplary damages of €20,000, because of the "conduct of the defendant in how this case was met".
There was also an award of €500 for assault.
In his closing submission yesterday, Shane English, counsel for the brothers, said the remarks were used "to provoke maximum hatred, contempt and ridicule" for his clients.
Johnny Walsh, defending, said the words used by his client were "inappropriate" and "shouldn't have been used" but had to be seen in the context of what was going on since 2000, when the plaintiffs started filming the hunt.
- Conor Kane
Farmers take court action over hunter's paedophile accusation
04 December 2012
Two farmers have taken a defamation case against a Kilkenny Hunt chairman after he allegedly accused them of being ‘a pair of paedophiles’.
Kilkenny Circuit Court heard yesterday that Hubert and Norman Daniels of Rathielty, Rathmoyle, Kilkenny took the action against hunt chairman Edward (Ned) Norris of Danesrath, Knocktopher after he allegedly called the brothers ‘a pair of paedophiles’ on November 12th, 2004.
The Irish Indpendent of December 4th 2012 reported:
Hubert Daniels said that on November 12, 2004 he was "encircled" by the defendant when the hunt was in the area. "He shoved his face into my face and, at one point, his nose came in contact," he said. He was "frightened", he said, and subsequently heard Mr Norris saying that he and his brother were "a pair of paedophiles". His counsel, Shane English, asked how he felt about this, and Mr Daniels said: "I felt that hatred, wickedness and evil had come into my presence. I felt devastated, dehumanised, degraded, down to the level of a dirty paedophile. Mr Norris had "stated that myself and my brother are a pair of paedophiles, one of the most evil creatures on this earth, in my opinion".
The court case was adjourned until February 4th, 2013.
For more details on the case, read the following media reports:
Head of oldest hunt denies calling brothers paedophiles
Brothers take action over paedophile accusation
|Pictured on the Kilkenny People website: Defendant Edward Norris at Kilkenny Court|
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