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| Version 1 | Version 2 |
|---|---|
| Allister fails in leaflet ban bid | Allister fails in leaflet ban bid |
| (about 9 hours 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. | 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. |
| It contains allegations about the amount of money Mr Allister received from the criminal legal aid fund, for his work as a barrister, after he became a member of the European Parliament in 2004. | |
| Mr Allister's lawyers argued in court that this was for work carried out before he was elected, a fact accepted by Mr Paisley's counsel. | |
| 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. | 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 | 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. | 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. | "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. | 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. | "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 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." | "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, Jayne Dunlop of Alliance and Lyle Cubitt, Independent Unionist. |