O'Mahony & Ors v Guardian News & Media Ltd (Approved)

1.������ This is the judgement of the Court on two applications for non-party discovery in a defamation suit. The proceedings arise from the publication of an article on the Defendant�s website in November 2015. The article, entitled �Revealed: Trafficked Migrant Workers abused in Irish Fishing industry�, contained the story of Filipino fisherman Demie Omol�s experiences on a trawler under the heading � Where�s my Boat: Demie�s Story.�

3.������ The Defendant�s motions for discovery against two non-parties, the Department of Tourism, Transport and Sport and the Commissioner of An Garda S�och�na are contested on four grounds (i) Relevance and Necessity, (ii) Excess Scope and Oppression, (iii) Public Interest Privilege and (iv) Confidentiality. The applications were entertained by the Court together as the grounds of opposition by the non-parties were substantially the same.

4.������ The background to the subject applications begins with the order for discovery made against the Plaintiffs by Noonan J. on 7 December 2017. He granted discovery in respect of four of the five categories of documents sought by the Defendants as follows:

i.������� All documents relating to Demie Omol, including, but not limited to documents relating to his engagement on the Labardie Fisher, his travel arrangements, his work and work conditions, records of hours worked and hours of rest, training that he received, payments made to him either directly or through an agency, his medical condition and medical treatment, his return to the Philippines and all communications concerning him or with him and with agents, friends or intermediaries on his behalf and statements made by or concerning him;

iii.����� Documents relating to the procurement, engagement, transport and working conditions, including (but not limited to) records of hours worked and hours of rest, training records, crew wages and share accounts or any other crew payments and terms and conditions of all workers/crew members on the Labardie Fisher vessel in the period 1 March 2015 to 30 November 2015 including (but not limited to) records of the Labardie Fisher vessel log book, log receipts, safety records and electronic logs maintained for any state authority; and