Ryanair defamation case: Pilot says he was 'very vigorous' in checking facts

Captain Evert Van Zwol, who was chairman of the Ryanair Pilot Group (RPG) interim council which sent the email, accepted now that one matter in relation to a date in the email was incorrect but the rest of of it was correct.

He was giving evidence on the ninth day of Ryanair's action against Capt Van Zwol, John Goss and Ted Murphy, three founders of the RPG, who deny the airline's claim the email was defamatory.

The court heard the email headed "Pilot Update: what the markets are saying about Ryanair" was originally conceived by Mr Van Zwol and two consultants from the Irish Air Line Pilots Association (IAlPA) consultants working as part of the "RPG project".

Various drafts were produced before the final one was circulated to 2,289 pilots.

One of the things Capt Van Zwol said he "zoomed in on" in the email was that Ryanair managers sold shares in June 2013.

He said before the email went out he looked at stock exchange reports and was satisfied two executives - Ryanair chairman David Bonderman and non-executive director Michael Horgan - had sold shares in June 2013.

However, he accepted the date when the two men sold their shares was incorrect. He had said in the email that the shares were sold in late June when it was actually mid-June.

Capt Van Zwol, who is a long haul pilot with KLM and has held representative roles in the Dutch and European pilots' unions, said the rest of the email was correct and he been very thorough in checking the facts.

The main purpose of the email was to inform pilots to be aware of how market changes may affect their jobs.

Asked by his counsel Paul O'Higgins did he publish knowing, as alleged by Ryanair, that the words used were false and published out of ill-will, he said he was convinced he was factually correct and did not do anything recklessly.

While he made a mistake on one matter, it was not done deliberately as he knew that would be "more or less legal suicide".

He had no animus towards Ryanair and its management and hoped at that time, and still does now, that he could eventually sit down with them and have normal "grown up" relations.

Under cross examination by Martin Hayden SC, for Ryanair, Capt Van Zwol said he only realised the mistake on the date was an issue until this trial got underway.

He insisted that were it not for the date, the email would have been correct.

He said he had checked a number of sources, including Ryanair's own material and newspapers, as part of his fact checking in relation to a reference in the email to the airline giving positive indications to the market just before the share sell offs by the the executives.

Earlier, Capt Van Zwol said when the RPG interim council was set up it had to establish itself as a legal entity for the purpose of such things as setting up a bank account and limiting liability of its officers in the same way as officers of other unions.

Capt Van Zwol also said his involvement on RPG interim council was always meant to be temporary until Ryanair pilots were eventually organised themselves.

In his role as chairman, he and other council members visited most Ryanair bases in 2012 and spoke to pilots in an effort to see what their concerns which ultimately were about the impact on safety of the airline's employment model.

Capt Van Zwol said a protest was organised outside the Ryanair 30th birthday party celebrations because the European Cockpit Association had learned it was to take place at a venue across the road from the ECA's Brussels offices. ECA staff cars were parked outside decked in balloons and a birthday card was given to Ryanair boss Michael O'Leary.

Asked by his counsel if he got a "thank you note", he said no but some people took pamphlets they were handing out and he had a "quick conversation" with Mr O'Leary.

The trial continues before a judge and jury.