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.