Jimmy Guerin has told the High Court he was physically sick after he read Gemma O'Doherty's posts which he claims meant that he, and not his brother Martin Guerin, had been convicted of possession of child pornography.
Mr Guerin, an independent county councillor and brother of murdered journalist Veronica Guerin, said when the posts were first brought to his attention he was “physically sick from what I read.
“I told my wife who was equally sick and my son rang and he was sick because he had read it online."
Mr Guerin (64) was giving evidence before a judge and jury in his action against Ms O'Doherty, a former journalist with the Irish Independent, over the posts on Twitter (X), Facebook and her own internet video broadcast portal, Gemma.TV, on July 11th and 12th, 2019.
The Twitter and Facebook posts stated that "paedophile brother of Veronica Guerin, murdered with the involvement of gardaí" had been found guilty of possession of hundreds of child sexual abuse images.
The hour-long broadcast included a statement about "how the brother of Veronica Guerin" was found with large quantities of child sexual abuse images.
The posts and video did not name which brother, but it was in fact Martin Guerin (73) who pleaded guilty in 2019 to possession of child pornography, and later received a suspended prison sentence.
Jimmy Guerin says the words published and broadcast by Ms O'Doherty were understood to refer to him.
Ms O'Doherty admits publication but denies defamation and says her words were clearly intended and understood to refer to Martin.
Mr Guerin told his barrister Ronan Lupton SC, instructed by Flynn O'Driscoll Solicitors, that he first learned about Martin having been charged with possession of child pornogaphy was from meida reports of him appearing in court in May 2019.
Martin was then ostracised by the family, he said. “We could not forgive him. They were the most disgusting, heinous crimes and neither my sisters or myself have spoken to him since."
He said he had de facto become the agreed spokesman for the family in relation to dealing with the media following Veronica's murder, and he attended every hearing relating to the people charged in connection with the killing.
He said he first knew of the allegedly defamatory O'Doherty posts when a man he knew from his work rang him asking if it was him referred to as the "paedophile brother" of Veronica Guerin.
He believed the Facebook and Twitter posts clearly related to him as people would be aware of him, rather than of Martin, due to the fact that he was the family's spokesman.
Online video
In the online video, Ms O'Doherty referred to the Guerin brother with the child pornography as having Fianna Fáil connections. Mr Guerin said he had previously been active in FF, as had Veronica, but not the other members of the family. Most people would have known that and thought it was Jimmy the words referred to, he said.
He believed Ms O'Doherty had made the posts and comments from malice arising out of a contribution he made in 2018 to a Fingal Council meeting from which Ms O'Doherty had sought support for her nomination in the Presidential election.
He had described claims previously made by Ms O'Doherty that there was State involvement in Veronica's murder as hurtful, poisonous, unfounded and publicity-seeking.
He did not think an experienced and award-winning journalist like Ms O'Doherty would make a mistake three times in 48 hours (the period in which the posts were put up). It was in fact, he said, an attempt to damage his reputation, he said.
Cross-examined by Ms O'Doherty's barrister, Feargal Kavanagh SC, instructed by Brendan Maloney and Co Solicitors, Mr Guerin said Ms O'Doherty had refused requests from his solicitors to take down the posts, apologise and pay costs and damages.
Asked by counsel if he was saying Ms O'Doherty had been motivated to make the posts because he had intervened and scuppered her chances of a nomination for the Presidency, Mr Guerin said it was because he intervened, but he did not think he scuppered her chances. She was never going to get the nomination from Fingal Council anyway, he said.
The court heard Ms O’Doherty issued defamation proceedings against him over his council comments but these were ultimately struck out because they had been brought a day out of time.
The case continues before Mr Justice Tony O’Connor.
