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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 11402
Experience:  Barrister 17 years experience
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if a complainant enters false evidence in a tribunal and the

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if a complainant enters false evidence in a tribunal and the allegation is made public by the press -is this legal malice

doctor makes a complaint to irish medical council.about high profile doctor. her colleagues complain her in turn to the medical council but falsify evidence .allegation withdrawn but not before it was publicised in media,

is this malice

Buachaill :

1. If a true account of false evidence in a tribunal is made public by the press, this does not constitute malice in the legal sense on the part of the press. There is, however, malice by the complainant and this partly strips them of their legal cloak of absolute privilege in relation to the giving of evidence before the tribunal. The complainant must also intend to cause deliberate harm to the person who is defamed by the false evidence in order to have the cloak of absolute privilege removed, thereby leaving them open to an action in defamation.

Buachaill :

2. In the second example, the giving of false evidence to back up a complaint to the Medical Council is evidence of malice which can be put to a jury. So, in this instance, the colleagues who gave the false evidence can be sued for defamation if they intended to cause deliberate harm to the doctor about whom the complaint was made. However, there is no malice on the part of the press as they are merely reporting an allegation made before the Medical Council in relation to which they enjoy privilege, as there is no malicious intention to harm by the press.

Buachaill :

Please RATE the Answer positively so that I may get paid

Customer: Thank you so much. My solicitor thought that malice could not be proven. You have put it on the legal lingo so that I can explain it to him. Can I contact you again at a later date if I log on again.
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