New dates set in December for hearing of defamation action against Carrick-on-Suir solicitors

A €50,000 claim for defamation against the Carrick-on-Suir based President of the Law Society Maura Derivan and her solicitor husband, Patrick, is now scheduled to be heard before Christmas after 14 years of delays.

Judge John O’Connor set aside three days in mid-December for the trial of a case in which Carrick-on-Suir chartered accountant Bobby Fitzgerald claims he was defamed by both the Derivans who practice as Derivan Sexton Solicitors.

The case had been set down for a two-day trial on November 1 next but the Law Society President claimed she would be unable to attend as she would be officially representing her colleagues at a legal conference in Paris during those days.

During an earlier court application for a trial date, the Derivans were criticised for allegedly attempting to frustrate the hearing of the action against them, which they have denied.

On another occasion, when Mr Fitzgerald, head partner of Fitzgerald Fleming Long chartered accountants in Carrick-on-Suir, was told there was a shortage of judges to facilitate a lengthy hearing he shocked the court by saying, “Aw for fuck’s sake” and was told to watch his language.

Another defendant Bernard Brophy, described by his solicitor Neil Brehany of Sean Ormond Solicitors, Waterford, as an unfortunate “middle man” in the proceedings has complained to the court on a number of occasions about extreme stress because of ongoing delays.

The defamation case, which was moved from the South-Eastern Circuit to Dublin on the application of the Derivans, arises from written correspondence allegedly initiated and published by Derivan Sexton and Company in matters relating to their client, Mr Brophy, concerning the proposed purchase of a development unit by Mr Brophy and involving Mr Fitzgerald’s company.

A full defence, denying all and any issues relating to the alleged defamation has been entered on behalf of the Derivans and Mr Brophy, a plasterer from Owning, Piltown, county Kilkenny.

On several occasions Judge O’Connor has stated that a number of judges had recused themselves from being listed to deal with the trial. 

The judge said he was unable to hear the case because he knows the Derivans. He has consistently urged the parties to try and resolve matters but was told by barrister David Kearney that while there had been talks there had not been a settlement.