Two aunts of a man serving a life sentence for murder obtained a prohibition order against TV3. Mary McKeon and Lorraine Reilly issued proceedings under the Defamation Act 2009 in respect of their injunction application. The footage in dispute showed them leaving court during the criminal trial of their nephew, Brian Rattigan in 2009. The footage had been subsequently used to illustrate items of news and current affairs documentaries concerning their nephew’s criminality.
They argued in Dublin’s Circuit Court that this footage was defamatory because it implied that they endorsed or were involved in gangland activities for which Brian Rattigan had been imprisoned. They submitted that their attendance during the trial had not been supportive in any way of this criminality, and neither applicant had any involvement whatsoever in these illegal activities.
TV3 settled the action by consenting to the court making an order restraining it from broadcasting the footage again. An agreement had been reached on costs.