The case of Fr. Kevin Reynolds is just one case of wrongful and damaging Defamation

international | crime and justice | news report Tuesday November 29, 2011 19:55 by Sam Malone - LSG

Same High Court Judge has now struck out eleven cases during Kevin Tracey’s illness – Why? Questions need to be answered. There is very clear evidence that these four cases demonstrate libel

Kevin Tracey is recuperating from an illness and while he is ill four national newspapers have taken a motion to have his libel case against them struck out. The reasons given by them which are all too common is striking out bona fide cases are that his case is unsustainable, bound to fail and/or frivolous or vexatious. There is no ground taken by them that Kevin Tracey’s case be struck out for “want of prosecution”, due to inactivity on the case due to his illness. This was the previous ground used for striking out six other cases taken by Kevin Tracey for damages against the State where it had been proven that Kevin Tracey had been wrongfully and maliciously prosecuted. see www.indymedia.ie/article/99369

In Dublin's Four Courts, on thursday 27th October 2011, a lay litigant, Kevin Tracey, had four of his defamation cases he was taking against four national newspapers struck out on the basis that his cases are unsustainable, bound to fail and/or frivolous or vexatious. This is a common abuse of process where the plaintiff has a case.  This was done while Kevin is ill and unable to attend court to have his cases heard. The cases taken by Kevin Tracey were related to libellous reporting and consequent serious damage done to him.

Justin Morahan and his loyal supporters attended the Court on behalf of Kevin Tracey and requested in the interest of fair procedures that all matters be adjourned until Kevin Tracey is certified fit to attend court.  However, his request was again refused by Judge Nicholas Kearns.  Judge Nicholas Kearns is being appealed already by Kevin Tracey to the Supreme Court in other cases but he did not  recuse himself in these additional four cases before him in the non jury list.  Justin Morahan handed Judge Nicholas Kearns two medical reports stating that Kevin Tracey was ill and unable to attend court.  In addition Karen Tracey had filed an affidavit in the High Court stating that her husband was certified ill and unable to continue at the present time.  This affidavit clearly demonstrating Kevin's illness was before the court but again was ignored by Judge Nicholas Kearns.

The fact is that Kevin Tracey was assaulted by a garda and reported this immediately at his local garda station and the Garda Ombudsman.  His complaint was deemed admissible by the Garda Ombudsman.  Instead of the garda authorities investigating the complaint one month later the garda who assaulted Kevin Tracey assisted in the fabricated prosecution of Kevin Tracey for an assault on the same day that Kevin Tracey was actually assaulted.  The first time Kevin Tracey knew about this "assault"  was one month after Kevin Tracey was assaulted. The local gardai summonsed Kevin Tracey to court and after a District Court hearing lasting two days over six months their case against Kevin Tracey was dismissed. The order of the court states that Kevin Tracey was not convicted and that the case was dismissed.  The real case of Kevin Tracey being assaulted by this garda that was deemed admissible by the Garda Authorities was never dealt by the District Court or indeed the complaint about the assault on him.  However, even though the case was dismissed and there was no conviction of Kevin Tracey the four national newspapers were supplied with a false and damaging report that Kevin Tracey was convicted.  Subsequently in correspondence one of the four newspapers admitted that this was an error to have stated that Kevin Tracey was convicted.  The irreparable damage to Kevin Tracey had been done.  The damaging and malicious report supplied to the newspapers came from the Circuit Court and not the District Court where the case took place.  This was confirmed by one of the newspapers in question.  

Like the libel of Fr Kevin Reynolds this newspaper article caused serious damage to the good name and distinguished professional standing and career of Kevin Tracey.  This is why Kevin Tracey correctly sued the newspapers.  Unfortunately Kevin Tracey was suddenly struck down by illness in July 2010 after which he was hospitalized for several weeks. He has been attempting to recuperate since then and remains under doctor's medical care and advice.

The sudden illness and its aftermath prevented him from temporarily attending court or engaging in the work of prosecuting any of the four defamation cases.  He is entitled to have all four cases heard by a Judge and Jury. The courts were kept informed by his wife of his inability to attend because of his illness and the fact that he was under doctor's orders.   Hospital and GP reports were provided to the Court from qualified medical professionals stating his inability to work or attend court.  Judge Nicholas Kearns (who is also a member of the Courts Service Board) ignored the medical reports and struck out the cases.

Judge Nicholas Kearns awarded costs to the four newspapers and ignored the Motion taken by Kevin Tracey for judgement in default of defence despite it being filed in court before any motion by the newspapers.  Kevin Tracey has the right of appeal to the Supreme Court.  Judge Nicholas Kearns refused to return the medical reports he was handed in court on the 27th October which are the property of Kevin Tracey,  He said he wanted to retain them in the event of an appeal.

The delay in the reportage of this case was deliberate so as not to prejudice the Supreme Court Appeal.