The Tipperary based President of the Law Society has been criticised in court for attempting to frustrate the hearing of a €50,000 defamation case.
The case against Carrick on Suir solicitor Maura Derivan and her husband is being taken by chartered accountant Bobby Fitzgerald who is head partner of Fitzgerald Fleming Long Accountants, Carrick on Suir.
Bobby Fitzgerald – a former Tipperary County Councillor – was for the fourth time asking the court to set a date for a three to four day trial of the case.
The defamation case against the Derivans and another defendant was initiated 13 years ago.
It was also taken out against plasterer Bernard Brophy, of Owning, Piltown, Co Kilkenny, a client in 2009 of Ms Derivan’s legal company, Derivan, Sexton and Co. Solicitors of New Street, Carrick on Suir.
The case arises from written correspondence allegedly initiated and published by Derivan Sexton and Co in matters relating to their client Mr Brophy concerning the proposed purchase of a development unit by Brophy and involving Fitzgerald’s company.
Richard Downey, counsel for the Law Society President and her husband, said court had already identified difficulties which his clients had in dealing with the case.
Counsel for the plaintiff David Kearney told Dublin Circuit Civil Court the couple had “acted in a manner akin to obstruction” in the way they had dealt with it.
When Judge O’Connor said, because of a shortage of judges, he could not at this stage give a trial date, Mr Fitzgerald, sitting at the back of the court was heard to utter an expletive.
The Judge adjourned the application until April for mention again.
