Seanad debates

Tuesday, 20 February 2007

Defamation Bill 2006: Committee Stage

 

4:00 pm

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)

It then goes back to the Supreme Court and because it is a court of law, it must in logic say it must be reversed. If it was wrong the first time it must be twice as wrong the second time. The case then goes for another jury to consider it. That brings the law into disrepute. This is not fanciful; we have seen it happen in recent months when a person appealed to the Supreme Court and was told his damages were excessive on day one and went back there sometime later with damages of twice or three times having been awarded. The Supreme Court could not state that because a second jury did this, the Supreme Court must be wrong——

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