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€70,000 awarded over 2FM sketch defamation

  • 15-07-2011 6:43pm
    #1
    Registered Users, Registered Users 2 Posts: 5,682 ✭✭✭


    A guesthouse owner has been awarded €70,000 in damages after being defamed by a sketch broadcast on 2fm.

    An 84 year old man has been awarded €70,000 in damages after being defamed by a 'Nob Nation' sketch broadcast on 2fm.

    Vincent O'Toole claimed the sketch broadcast in August 2008 suggested his guesthouse, Maryland House in Waterford, was a brothel.

    RTÉ had admitted libelling Mr O'Toole and apologised however the broadcaster said the damage done to Mr O'Toole had been limited.

    Asked for his reaction to the amount of the award, Mr O'Toole said 'it wouldn't paint my house'.

    He said RTÉ had fought the case all the way and he was very proud to have been vindicated.

    Mr O'Toole was awarded €50,000 after he sued the Sunday World four years ago for a similar claim.

    http://www.rte.ie/news/2011/0715/defamation.html

    Might be good for a day at the Tramore Races next month.


«1

Comments

  • Closed Accounts Posts: 10,898 ✭✭✭✭seanybiker


    Wouldn't paint his house haha cheeky chap. Might paint the Maryland some year.
    Father said he was in there years ago once or twice and said its a Kip inside. Well it was anyways


  • Closed Accounts Posts: 2,512 ✭✭✭Oh_Noes


    Fair play to him. It's even more annoying that those Oliver Callan sketches aren't even funny.

    You could probably paint a house with 70k but in the overall scheme of things I'd say it could easily be comparable to the damage caused to a guesthouse business by such defamation. It really is peanuts considering what RTE pay their "stars".


  • Registered Users, Registered Users 2 Posts: 6,101 ✭✭✭MitchKoobski


    "'it wouldn't paint my house"

    Mr O' Toole can feck off for himself if he wants to be like that. He's lucky he got anything. Maybe he'll at least use it to clean the place up so it doesn't look like a brothel.


  • Posts: 14,344 ✭✭✭✭ [Deleted User]


    twitch1984 wrote: »
    <snip>


    A guesthouse owner has been awarded €70,000 in damages after being defamed by a comment posted on Boards.ie.

    An 84 year old man has been awarded €70,000 in damages after being defamed by an 'After Hours' thread posted on Boards.ie.


  • Registered Users, Registered Users 2 Posts: 9,034 ✭✭✭Ficheall


    If I recall correctly, I was instructed to delete a thread on our university forums because the editor of the university's newspaper had received a threatening letter relating to similar defamation of the same establishment.


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  • Registered Users, Registered Users 2 Posts: 4,138 ✭✭✭takola


    Do not post anything that could be considered libellous on boards. Honestly, we shouldn't have to keep going over this with people. You'll be held responsible for what you say on this website, should any legal action be taken, so please remember that when you post!


  • Closed Accounts Posts: 2,542 ✭✭✭dayshah


    Oh_Noes wrote: »
    You could probably paint a house with 70k but in the overall scheme of things I'd say it could easily be comparable to the damage caused to a guesthouse business by such defamation.

    What damage to the business? The place is a kip, has been that way for years, and you can't even book a night in the place over the internet.

    Pity Waterford City Council can't sue him for damages for making the Mall look like a hole. Kips like that do damage to the nearby businesses who are actually trying to make a go of their place, rather than make a living by suing for libel.


  • Registered Users, Registered Users 2 Posts: 752 ✭✭✭jayboi


    With a bit of luck he'll have to pay income tax on that


  • Registered Users, Registered Users 2 Posts: 480 ✭✭Flyin Irishman


    To some people in the city, that establishment will always be associated with the questionable activities which may, or may not, have been going on there years ago before the current owners took over. I completely understand that it must be a nightmare for Mr. O' Toole trying to distance the place from that reputation, and the RTE sketch wouldnt have helped. But I dont think that it should have qualified as libel


  • Closed Accounts Posts: 1,165 ✭✭✭deisedave


    To some people in the city, that establishment will always be associated with the questionable activities which may, or may not, have been going on there years ago before the current owners took over. I completely understand that it must be a nightmare for Mr. O' Toole trying to distance the place from that reputation, and the RTE sketch wouldnt have helped. But I dont think that it should have qualified as libel

    Is it under different ownership??


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  • Registered Users, Registered Users 2 Posts: 2,604 ✭✭✭200motels


    I say fair play to him.


  • Registered Users, Registered Users 2 Posts: 480 ✭✭Flyin Irishman


    deisedave wrote: »
    Is it under different ownership??

    My mistake, I was under the impression that he had taken over years after the brothel rumours were in full swing. But it turns out he's owned it for decades and named it after both his wife, and Maryland, USA.....


  • Registered Users, Registered Users 2 Posts: 9,081 ✭✭✭ziedth


    What exactly did the 2FM skit say? Is there a transcript?


  • Moderators, Education Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 24,056 Mod ✭✭✭✭Sully


    ziedth wrote: »
    What exactly did the 2FM skit say? Is there a transcript?

    Apparently its still on YouTube which was part of his complaint.


  • Registered Users, Registered Users 2 Posts: 1,079 ✭✭✭Gadgie


    ziedth wrote: »
    What exactly did the 2FM skit say? Is there a transcript?

    http://www.irishtimes.com/newspaper/breaking/2011/0715/breaking65.html
    During the four day case, the court heard the Nob Nation sketch featured the character “Kevin My-arse” giving a “Linguaphone” guide to Waterford slang. It stated: “The Maryland is a byword in Waterford for prostitution”, although the original establishment from whence the term is derived has ceased business.”

    I do not see how this statement is libellous. The Maryland does have a reputation in Waterford, and everyone who lives here has heard it.
    He said he was a pensioner on €300 a week and felt there was no chance of getting his business going.

    If he wants to get his business going, perhaps he should invest some of his 70k winnings into making the place somewhere people would want to stay a night in, and not just a few hours. It looks like an absolute dump. If it wasn't for the fact that the outside door is open during the day, you would think the place had been closed for years.


  • Registered Users, Registered Users 2 Posts: 3,591 ✭✭✭STIG83


    That audio still on YT?


  • Closed Accounts Posts: 2,542 ✭✭✭dayshah


    Gadgie wrote: »
    I do not see how this statement is libellous. The Maryland does have a reputation in Waterford, and everyone who lives here has heard it.

    My understanding is it libellous to further spread a rumour. So if WLR had done it might be libellous, but it wouldn't really matter as the 'damage' is already done in Waterford. However people from outside of Waterford would never have heard this, so RTÉ did more 'damage'.

    I wouldn't have given him 1c though. Any damage to his business has been caused by his own neglect of the place.


  • Registered Users, Registered Users 2 Posts: 206 ✭✭kizzyf


    It's ridiculous that he was awarded so much. This place has been associated as being a certain type of establishment for so many years by so many people. There must have been some basis for this. I think anyone who has ever even been to Waterford would have heard of this not just some locals. It's a terrible looking place and from what I recall they even had a red light in the hall way a few years back. The Mall could definitely do with a bit of a facelift.


  • Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,536 Mod ✭✭✭✭Cabaal


    I've talked to a few people down in Waterford about this and they've said that "the claim" has been going around since atleast the 70's (that they are aware of) so its not like any newspaper or RTE has made it up for a laugh.

    Now whilst it being claimed doesn't make it true it appears to be that the claim is doing the rounds and is well known amongst the people in Waterford for a pretty long time, I first heard about it in the late 90's and I was only down in Waterford for the day at the time.

    Honestly I couldn't care less if it is true or not, I just wish he'd clean the place up.


  • Registered Users, Registered Users 2 Posts: 1,641 ✭✭✭gscully


    Prostitutes in Waterford should also sue RTE. They have to live with the shame of being associated with that dump.


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  • Registered Users, Registered Users 2 Posts: 9,081 ✭✭✭ziedth


    I wonder how different it would be if they dropped the "the" from the statement. Like if he said "Maryland is a Byword for prostitution".


  • Closed Accounts Posts: 6,943 ✭✭✭abouttobebanned


    Then I'd be sending an email off to the mayor of Maryland...


  • Registered Users, Registered Users 2 Posts: 2,604 ✭✭✭200motels


    wellbutty wrote: »
    <snip>
    You could be sued for that comment. He won his case and mods could you please close this as it's getting out of hand.


  • Closed Accounts Posts: 478 ✭✭wellbutty


    200motels wrote: »
    You could be sued for that comment. He won his case and mods could you please close this as it's getting out of hand.

    I havent accused anyone of anything, it's my personal belief. Is our freedom of belief now being taken away as well as speech????


  • Registered Users, Registered Users 2 Posts: 6,893 ✭✭✭allthedoyles


    Friends of mine stayed there many times , and his overnight rates were the cheapest in Waterford .

    They always found the Maryland to be friendly and welcoming .

    They also told me that they never saw any evidence of prostitution in this establishment .


  • Registered Users, Registered Users 2 Posts: 472 ✭✭J-Fit


    200motels wrote: »
    You could be sued for that comment. He won his case and mods could you please close this as it's getting out of hand.

    Why do you care for f*ck sake? The truth is being spoken here. It's a disgrace that he said he "couldn't paint his house with it". Does he realise there are people in this current economy who could do a hell of a lot more than paint their house with that money? Apparently after the settlement a few years ago, and I stand to be corrected on this, he said of that the 50 odd grand he won, he "wouldn't put on a horse". Who does this man think he is being so flippant?


  • Closed Accounts Posts: 2,542 ✭✭✭dayshah


    wellbutty wrote: »
    I havent accused anyone of anything, it's my personal belief. Is our freedom of belief now being taken away as well as speech????

    Well beliefs are in your head. Talking about your beliefs is speech. Two different things.


  • Closed Accounts Posts: 2,542 ✭✭✭dayshah


    Friends of mine stayed there many times , and his overnight rates were the cheapest in Waterford .

    They always found the Maryland to be friendly and welcoming .

    They also told me that they never saw any evidence of prostitution in this establishment .

    To be honest I don't think anyone in Waterford actually thinks its a brothel. Just a sort of urban legend. If it was a brothel it would have been raided, so I think everyone can be certain its not a brothel.

    However the outside of the place makes it look a complete kip. I think the flippant attitude to €50,000, more than a years wages to the majority of people, is an insult especially in these difficult times.

    Also, he has been a controversial character. There was a dispute between him and the Corporation regarding a plaque on his wall (opposite FÁS). I won't go into that story in any detail (other than to say there was some controversy, and was a long time ago) to avoid getting boards in trouble.

    However he is being portrayed as some impoverished pensioner, who's business was destroyed by RTÉ. People in Waterford no this isn't the case.


  • Closed Accounts Posts: 478 ✭✭wellbutty


    dayshah wrote: »
    Well beliefs are in your head. Talking about your beliefs is speech. Two different things.

    I stated in my post that it was my opinion... boards.ie doesn't exist without opinions. The libelous remarks that this guy endured are not very different from a solicitor being accused of being a thief on www.www.rate-your-solicitor.com or a teacher as a minx on http://ie.ratemyteachers.com.

    In my opinion, the punishment should have been a public apology issued by RTE and not the awarding of 70 grand of TV licence money to an ungrateful man.


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  • Moderators, Education Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 24,056 Mod ✭✭✭✭Sully


    wellbutty wrote: »
    I stated in my post that it was my opinion... boards.ie doesn't exist without opinions. The libelous remarks that this guy endured are not very different from a solicitor being accused of being a thief on www.www.rate-your-solicitor.com or a teacher as a minx on http://ie.ratemyteachers.com.

    In my opinion, the punishment should have been a public apology issued by RTE and not the awarding of 70 grand of TV licence money to an ungrateful man.

    Its worth noting, that as far as I am aware, "in my opinion" doesn't cover your ass. When someone has an issue with a post, they 9/10 always look for the posters information (IP address - ISP provides full info on who held the IP at that time etc). So its not just Boards who lands in hot water but its the user who posted it is head hunted and will be sued.

    A lot of people don't think of that when they put on a brave face behind a username on an internet forum and act the Mr/Ms Tough Guy.


  • Registered Users, Registered Users 2 Posts: 472 ✭✭J-Fit


    Sully wrote: »
    Its worth noting, that as far as I am aware, "in my opinion" doesn't cover your ass. When someone has an issue with a post, they 9/10 always look for the posters information (IP address - ISP provides full info on who held the IP at that time etc). So its not just Boards who lands in hot water but its the user who posted it is head hunted and will be sued.

    A lot of people don't think of that when they put on a brave face behind a username on an internet forum and act the Mr/Ms Tough Guy.

    His (O'Toole) comments were insensitive and out of line. The world has gone PC mad.


  • Moderators, Education Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 24,056 Mod ✭✭✭✭Sully


    J-Fit wrote: »
    His (O'Toole) comments were insensitive and out of line. The world has gone PC mad.

    I'm not on about his comments.


  • Closed Accounts Posts: 478 ✭✭wellbutty


    Sully, I was configuring IP addresses when you were a child, I know the drill and could teach you quite a bit about it sometime.

    There's nothing wrong with any of what I've said so I have nothing to fear or hide. Other threads allow similar comments but for some reason, the Maryland one always has tense modding which disallows decent discussion.

    Jim Power accused of spicing up to sell books

    Auction.co.uk dissed

    Rohan and Palmer accused of price-hiking

    RTE were found guilty and in my opinion, rightly so (here's hoping RTE don't sue me now). I just don't agree with the award as it's not very different from what happens every other day in the various forms of media.


  • Registered Users, Registered Users 2 Posts: 23,641 ✭✭✭✭Elmo


    Waterford City council should at least tell him to remove the sign from the building and do up the outside.


  • Registered Users, Registered Users 2 Posts: 7,020 ✭✭✭BlaasForRafa


    I reckon €70k could easily paint the maryland and probably sort out the hideous stone cladding on the front of it as well. There should be a city ordinance forcing business owners to make sure their premises are well presented.


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  • Closed Accounts Posts: 10,898 ✭✭✭✭seanybiker


    Sully wrote: »

    A lot of people don't think of that when they put on a brave face behind a username on an internet forum and act the Mr/Ms Tough Guy.
    you forgot tough gal. Omg how sexist


  • Registered Users, Registered Users 2 Posts: 1,503 ✭✭✭thomasm


    I reckon €70k could easily paint the maryland and probably sort out the hideous stone cladding on the front of it as well. There should be a city ordinance forcing business owners to make sure their premises are well presented.

    He painted all the buildings he owns on Catherine St and power hosed the outside of the Maryland about this time last year around the time the council was enforcing a clean up of the Viking triangle. Can't imagine much more is going to happen


  • Closed Accounts Posts: 2,542 ✭✭✭dayshah


    I reckon €70k could easily paint the maryland and probably sort out the hideous stone cladding on the front of it as well. There should be a city ordinance forcing business owners to make sure their premises are well presented.

    I don't know why they haven't. They have the power. Especially as its just opposite the Bishops Palace.

    http://www.munster-express.ie/business/city-centre-set-for-fresh-lick-of-paint/


  • Registered Users, Registered Users 2 Posts: 1,770 ✭✭✭shockwave


    To some people in the city, that establishment will always be associated with the questionable activities which may, or may not, have been going on there years ago before the current owners took over. I completely understand that it must be a nightmare for Mr. O' Toole trying to distance the place from that reputation, and the RTE sketch wouldnt have helped. But I dont think that it should have qualified as libel

    All he has to do is change the name of the place and all his problems are solved:P


  • Registered Users, Registered Users 2 Posts: 23,641 ✭✭✭✭Elmo


    When did he buy the Maryland?


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  • Moderators, Education Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 24,056 Mod ✭✭✭✭Sully


    wellbutty wrote: »
    Sully, I was configuring IP addresses when you were a child, I know the drill and could teach you quite a bit about it sometime.

    There's nothing wrong with any of what I've said so I have nothing to fear or hide. Other threads allow similar comments but for some reason, the Maryland one always has tense modding which disallows decent discussion.

    Jim Power accused of spicing up to sell books

    Auction.co.uk dissed

    Rohan and Palmer accused of price-hiking

    RTE were found guilty and in my opinion, rightly so (here's hoping RTE don't sue me now). I just don't agree with the award as it's not very different from what happens every other day in the various forms of media.

    I don't quite get your point? I'm sure your a wizzkid and myself and many others who know IT are more than familiar, perhaps even more familiar than you some might, on masking their real IP but most people are unaware and clueless so can and have been caught out.

    Forgive me for doing what we are being instructed to do, even if I think its madness.


  • Closed Accounts Posts: 2,542 ✭✭✭dayshah


    A quote from Vincent O'Toole (reported in the News and Star).

    "And stigmatizing Waterford and this area – an assault like that is supposed to be a joke? It’s a sick joke and it should be stopped, paying a man big money for that kind of rubbish. The people of Waterford should rise up and say we will not tolerate this any longer."

    Lots of hard working people, from the city council to local restaurants, are doing their best and working hard to make that part of the city look better. And this 'gentleman' thinks he's play his part by leaving the Maryland look as though its derelict, in the heart of our city.

    Well I consider that "It’s a sick joke and it should be stopped".


  • Closed Accounts Posts: 40,061 ✭✭✭✭Harry Palmr


    I see Mr. Vincent O' Toole, Maryland House, The Mall, Waterford has just died April 28th.


  • Posts: 0 [Deleted User]


    I see Mr. Vincent O' Toole, Maryland House, The Mall, Waterford has just died April 28th.

    So you got RIP.ie working? :pac:


  • Registered Users, Registered Users 2 Posts: 2,862 ✭✭✭Mysterypunter


    Yep, Vincent died on Saturday last, and was buried on Tuesday morning in Ballygunner. Very interesting character, was a naval officer in world war 2. Great racehorse breeder as well, Viking Flagship, and Flagship Uberalles were bred by him. RIP.


  • Registered Users, Registered Users 2 Posts: 14,048 ✭✭✭✭Johnboy1951


    I see Mr. Vincent O' Toole, Maryland House, The Mall, Waterford has just died April 28th.

    Thanks, I had not known.


  • Registered Users, Registered Users 2 Posts: 3,622 ✭✭✭lassykk


    Is the maryland just abandoned now. Looks like it from the outside


  • Registered Users, Registered Users 2 Posts: 1,770 ✭✭✭shockwave


    lassykk wrote: »
    This post has been deleted.

    Its been a total eyesore for years maybe now someone might buy it and do it up


  • Registered Users, Registered Users 2 Posts: 3,622 ✭✭✭lassykk


    shockwave wrote: »
    Its been a total eyesore for years maybe now someone might buy it and do it up

    I'd be surprised if someone bought it. La Palma's old premises pretty much beside it I think was/is for sale for quite a while


  • Registered Users, Registered Users 2 Posts: 4,240 ✭✭✭bullpost


    lassykk wrote: »
    This post has been deleted.

    But isn't it in prime location now with Viking triangle round the corner?

    I'd say it would generate a nice income converted into apartments and let out via Airbnb.


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