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| Allister fails in leaflet ban bid | Allister fails in leaflet ban bid |
| (10 minutes later) | |
| Traditional Unionist Voice leader Jim Allister has failed in a legal attempt to prevent the DUP's Ian Paisley Jr distributing an election leaflet. | Traditional Unionist Voice leader Jim Allister has failed in a legal attempt to prevent the DUP's Ian Paisley Jr distributing an election leaflet. |
| A temporary injunction had been imposed earlier this week. | A temporary injunction had been imposed earlier this week. |
| Mr Allister's barrister told the High Court in Belfast he now intends to pursue a defamation case. | Mr Allister's barrister told the High Court in Belfast he now intends to pursue a defamation case. |
| The judge, Mr Justice Gillen, said it was a case where it is for a jury to eventually decide whether the leaflet was libellous or not. | |
| Details of the contentious section of the document cannot be disclosed for legal reasons. | Details of the contentious section of the document cannot be disclosed for legal reasons. |
| On Tuesday Mr Allister's barrister Alan Kane QC, had told the court that the leaflet "could have a considerable impact on the minds of the electorate" in the North Antrim constituency where both men are standing. | On Tuesday Mr Allister's barrister Alan Kane QC, had told the court that the leaflet "could have a considerable impact on the minds of the electorate" in the North Antrim constituency where both men are standing. |
| Mr Paisley's lawyers had argued the case was about freedom of speech and that Mr Paisley was "making statements which are both true and already in the public domain." | Mr Paisley's lawyers had argued the case was about freedom of speech and that Mr Paisley was "making statements which are both true and already in the public domain." |
| In his ruling the judge made it clear that it was still to be decided whether or not the contentious section of the leaflet was defamatory. | |
| Campaign | |
| He held that Mr Paisley's lawyers were entitled to argue that a heading used in the document must be seen in the context of election rhetoric. | |
| "In my view electioneering statements should not be perused with all the precision of a jeweller's scales," he said. | |
| He concluded: "It is open to argument that the words complained of do not amount to an untrue statement of fact but are part and parcel of the political opinions that seem to have been the hallmark of the campaign to date between these two candidates. | |
| "In coming to this conclusion I am conscious of the need to ensure the free expression of opinion by those who put themselves into the democratic process for election by the population at large. | |
| "I pause to observe again that I am far from ruling that these words may not be capable of defamatory meaning or that a jury may not come to a conclusion favourable to the plaintiff. | |
| "I am not satisfied, however, that it is appropriate that an interlocutory injunction should be granted at this time and accordingly I refuse the plaintiff's application." | |
| The other candidates so far declared for North Antrim are Irwin Armstrong of the Ulster Conservatives and Unionists, Declan O'Loan of the SDLP, Daithi McKay of Sinn Fein and Jayne Dunlop of Alliance. | The other candidates so far declared for North Antrim are Irwin Armstrong of the Ulster Conservatives and Unionists, Declan O'Loan of the SDLP, Daithi McKay of Sinn Fein and Jayne Dunlop of Alliance. |