Carrick-on-Suir solicitors apologise to accountant over 'incorrect and not true' allegations

Former Law Society President Maura Derivan and her solicitor husband, Patrick, have publicly apologised in court to a Carrick-on-Suir accountant for having published a letter containing “incorrect and not true” allegations in relation to him.

Mr Paul O’Higgins SC, counsel for the Derivans, read a statement of apology before Judge Michael Walsh in Dublin Circuit Civil Court on Tuesday, marking the end of a 14-year-long claim by Bobby Fitzgerald for €50,000 damages  for defamation of character.

Chartered accountant Fitzgerald, head partner of Fitzgerald Fleming Long Accountants, Cregg, Carrick-on-Suir, travelled from county Tipperary to be present for the reading out of the statement of apology. 

The Derivans were not present in court.

The case arose from alleged defamatory statements in written correspondence by Derivan Sexton and Co. in matters relating to one of their clients, plasterer Bernard Brophy, of Owning, Piltown, county Kilkenny, who had been joined as a defendant in the case and who had been involved in a house purchase with Fitzgerald.

The statement of apology read: “The first and second named defendants now understand and accept that the allegations in the letter of 09 June 2009 (defamatory letter) are incorrect and not true and unreservedly apologise and retract them and regret that the letter was sent.”

The claim was for €50,000 damages in accordance with then existing legislation but it is believed legal costs on both sides ran to hundreds of thousands of euro.

No reference was made in the circuit court hearing on Tuesday with regard to details of settlement other than the reading of the statement of apology.

Ms Derivan, who practises as Derivan Sexton and Company Solicitors, New Street, Carrick-on-Suir, in November completed her one-year term of office as President of the Law Society.

In a statement issued after the court hearing, Mr Fitzgerald criticised the fact it took 14 years and over 30 court hearings to secure the apology.

He said he invited the CEO of the Law Society to attend the hearing but he declined on the grounds the Law Society was not a party to the case and he didn’t believe it would be appropriate to attend.

Mr Fitzgerald said he wished to thank his wife Sandra, business partner Evan Long ACA, Paul Foskin, friend and solicitor; together with his excellent legal team of Sharon Delaney BL, Partner Beauchamps LLP; barristers David Kearney BL and Mark Carthy SC for their support and advice over the last decade and a half.