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Louth sleep walker begins libel action

Discussion in 'Off Topic' started by Rover 609, Nov 9, 2010.

  1. Rover 609

    Rover 609
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    This fella is a well known racehorse owner.

    http://www.rte.ie/news/2010/1109/kinsellad.html


    A Co Louth businessman who sleepwalked naked to the bedroom of a company secretary while on a business trip to Mozambique has begun a libel action against the mining company Kenmare Resources.

    1 of 1 High Court - Hears the case was about a person's reputation A Co Louth businessman who sleepwalked naked to the bedroom of a company secretary while on a business trip to Mozambique has begun a libel action against the mining company Kenmare Resources.

    Donal Kinsella claims that a press release issued by the company in 2007 made him a 'national and international laughing stock' and insinuated that he was guilty of sexual impropriety.

    An investigation initiated by the company cleared him of any wrong doing.

    The 67-year-old from Dunleer, Co Louth, apologised to secretary Deirdre Corcoran after appearing three times at her bedroom door during the night while on a business trip to Mozambique in May 2007.

    The High Court heard that earlier that day there had been a shortage of accommodation and Mr Kinsella had moved rooms to give his room to Ms Corcoran.

    He had been drinking and taking pain killers and had a habit of sleep walking and not wearing pyjamas, the court heard.

    After the incident an investigation was carried out by a solicitor engaged by Kenmare Resources.

    It concluded that he was simply sleep walking and did not consciously or deliberately approach Ms Corcoran.

    The report said he was rather irresponsible to over indulge in alcohol and not wear any clothing in circumstances where he knew he was in the habit of sleep walking and was in unfamiliar accommodation.

    Mr Kinsella was later removed as chairman of the audit committee and as a director of the company.

    Kenmare Resources issued a press release saying because of an incident Ms Corcoran had complained and it became impossible for her to work with him.

    Lawyers for Mr Kinsella claim this press release ignored the findings of the investigation and insinuated that he was guilty of sexual impropriety when the company knew this to be untrue.

    Opening the case for Mr Kinsella, Eoin McCullough SC told the jury the case was about a person's reputation.

    He said they would hear evidence of how Mr Kinsella was made a national and international laughing stock because of the huge publicity the story attracted.

    Mr McCullough said they would hear evidence from Mr Kinsella about how an ordinary, honest and loyal family man was then being suggested to be some sort of sexual predator

    The damage from the press release persists to this day, he said and affects his everyday life.

    Mr Kinsella is subjected to constant jibes and jokes and had real difficulty persuading his family that he had not engaged in some sleazy pursuit of a woman while in Mozambique.

    He said Mr Kinsella was subjected to the 'utter horror and anguish of having this said about you after 42 years of marriage.'

    In its defence, Kenmare Resources and company chairman Charles Carville of Well Road, Warrenpoint, Newry deny that the press release was libellous.

    They also claim that Mr Kinsella put the information into the public domain himself by speaking to a journalist before the press release was issued.

    The defendants say they were forced to issue a clarifying press release.

    They will also say that Mr Kinsella had threatened to release other material to the media and had made serious libellous allegations against company directors.


    The case continues tomorrow.
     
  2. vodkacolly

    vodkacolly
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    I have to agree with this. If I was a sleepwalker and I was staying away from home, I'd make sure to wear me best (clean) Calvins to bed.
     
  3. Rover 609

    Rover 609
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    He's just been awarded 10,000,000 clams in damages,****IN HELL!!!!
     
  4. Juan

    Juan
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    Thought it was a mistake when i first heard €10million.incredible libel award.
     
  5. Rover 609

    Rover 609
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    http://www.rte.ie/news/2010/1117/kinsellad.html

    The jury in the case of a Co Louth man taking a libel action against his former employers after an incident in which he was sleep walking naked has awarded him €10m in damages.
    Donal Kinsella sued mining company Kenmare Resources after the company issued a press release in 2007, which he claims insinuated he was guilty of making inappropriate sexual advances to company secretary Deirdre Corcoran while on a business trip in Mozambique.
    Lawyers for Mr Kinsella told the jury today that the press release would mean to an ordinary person that 'something juicy' was going on in the jungle and that Mr Kinsella had tried to 'jump the company secretary'.
    In May 2007, the 67-year-old from Dunleer was on a business trip in Mozambique.
    He appeared naked three times at the bedroom door of Ms Corcoran during the night.
    The court heard that he had been drinking and taking pain killers and had a habit of sleep walking and not wearing pyjamas.
    Ms Corcoran later complained and an investigation was carried out by a solicitor who found that Mr Kinsella was simply sleep walking.
    After an inquiry from the editor of the Irish Daily Mirror, John Kierans, the company issued a press release in July 2007. Mr Kinsella said the press release defamed him.
    Lawyers for the company told the jury today that it had tried to sort out the problem amicably.
    Mr Kinsella had been asked to step aside as the chairman of the company's audit committee so that Ms Corcoran would not have to have one-to-one contact with him.
    But Senior Counsel Oisín Quinn said Mr Kinsella could not understand another person's point of view.
    He said there was no malice in the press release that had been issued.
    He said the company behaved properly in difficult circumstances that were not of its own making.
    Lawyers for Mr Kinsella urged the jury to award his client big damages and said the company had aggravated matters by accusing Mr Kinsella of being a liar and a perjurer.
     
  6. bobby benitez

    bobby benitez
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    Best be careful what I say because this chap got good lawyers;)

    €10,000,000.00:eek::eek::eek: Fcuk me I was sure he'd lose. Drinking, popping pain killers and getting your knob out is all the rage these days, might try it at the christmas party.
     
  7. Raven136

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    Sleep walking is an awful thing though.My sister in law is always at it.Woke up naked in the green in front of her estate once,woke up wearing her best friend's mothers clothes!!

    Oh yeah by awful i meant fcuking hilarious :D
     
  8. Ron1892

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    **** me 10 mill..God that somes amount of money..I bet he never expected to win that amount..I wonder how they came up with some a huge figure.
     
  9. vodkacolly

    vodkacolly
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    Shocking!
     
  10. Paddser

    Paddser
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    Speechless. Im not saying anything in case he's looking in, but f*ck me....:rolleyes:
     
  11. babbsnads

    babbsnads
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    I knew a fella and he slept walked off a balcony and broke his back. He was a good footballer too. He played for newry coincidentally. Played for pats a couple of years after it but wasn't the same player. 10 million though for that guy? That's crazy. Just heard his lawyers took on a new case, to get Stevie Wonder a driving license. They're pretty confident too!
     
  12. rev

    rev
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    Gonna take up naked sleepwalking
     
  13. MrsPepe

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    Cant see him being paid the full 10 mill, they will draw it out for ages
     
  14. vodkacolly

    vodkacolly
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    I remember seeing a programme about a bloke in the uk who had to chain himself to the radiator every night before he went to sleep. He had a habit of climbing out the window when sleepwalking and broke his leg on one occasion.
    It can be very dangerous... even for dogs :)


    [YOUTUBE]gWP70G_aGB4&feature=related[/YOUTUBE]
     

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