A businessman has claimed before a High Court judge and jury that he was defamed in a newspaper article which he says falsely named him as a tax defaulter.
William Bird (82), a director of William Bird Limerick Ltd and operator of the Stella Bingo Hall in Shannon Street, Limerick, is suing Iconic Newspapers Ltd, publishers of the Limerick Leader, over an article in the paper of June 11th, 2016, listing tax settlements from a list published by the Revenue Commissioners.
It stated: "Funfair/amusement activity operator William Bird, of Henry Street, reached three separate settlements for under-declaration of corporation tax and VAT, under- declaration of PAYE/PRSI and VAT, and under-declaration of corporation tax, in relation to three companies under his name. In total, the monies paid to Revenue in his case amounted to €183,595."
He says the article falsely meant, among other things, he was a tax defaulter, had submitted false or fraudulent tax returns and he dand submitted false or fraudulent tax returns and was of low moral character.
He claims that as a result of the article people in the village of Castleconnell, Co Limerick, where he lives, had avoided him and he had withdrawn from going out in his locality the way he had previously.
His son Patrick, who runs the bingo hall, told the court his father would arrive most nights to meet and greet the bingo customers before the article. But as a result of the publication and people saying he was the person named in the paper, he stopped doing this.
Iconic denies defamation and says, among other things, that the article did not concern Mr Bird. There will also be a plea of qualified privilege, the court heard.
Funderland fair
Opening the case for Mr Bird, Jim O'Callaghan SC, with Declan Doyle SC, said the Bird family was well known as a travelling funfair and amusement business and has run the Funderland fair in the RDS over the years.
Mr Bird was one of four brothers who worked with their father in the business and the court would hear that in 1994 Mr Bird transferred most of his interest in the Bird companies and was involved in only one, William Bird Limerick Ltd which operated the Stella Bingo Hall.
The newspaper article stated settlements had been with three William Bird companies which he did not have anything to do with, counsel said.
The article was "completely false", there was no finding against Mr Bird, and he did not reach a tax settlement, he said.
When Mr Bird's solicitor wrote to the newspaper, it initially said it could not see where the article was untrue, counsel said.
After proceedings were issued, counsel said the paper "doubled down" on its refusal to accept it was wrong but offered to put in a correction and apology saying the settlement had nothing to do with Mr Bird personally and he had no association with the companies.
In his direct evidence, Mr Bird said his brother in France rang him to ask if he had seen the article. He went and got a copy of the paper and said he felt "a bit shook" after he read it.
"After a day or two I went down to the village (Castleconnell) and could see they were talking about me and people you knew were looking the other way.
"Maybe I was imagining it but I saw it and happen and after this I didn't bother going downtown".
Under cross examination by Brendan Kirwan SC, with Ronan Lupton SC, Mr Bird agreed the words in the article referred to a "funfair amusement activity operator" and agreed he did not operate a funfair but a bingo hall
He agreed his business was not in Henry Street but in Shannon Street but disagreed that it was not referring to him when it referred to the companies.
The case continues before Mr Justice Alexander Owens and a jury.
