Monday 25 September 2017

Denis O'Brien begins legal action against Houses of the Oireachtas Commission and State

Denis O'Brien
Denis O'Brien
Denis O'Brien
Independent.ie Newsdesk

Independent.ie Newsdesk

Businessman Denis O'Brien has initiated a legal action against the Houses of the Oireachtas Commission and State arising from speeches and remarks made in the Dail related to his banking affairs with State-owned Irish Bank Resolution Corporation.

Michael Cush SC, for the businessman, told the President of the High Court today he would be seeking an early directions hearing of the latest proceedings, in which Mr O'Brien wants various declarations.

It is understood those declarations arise from various utterances made in the Dail under privilege, including utterances by Independent TD Catherine Murphy and Sinn Fein TD Pearse Doherty.

It is believed Mr O'Brien will argue the effect of those utterances was to decide in whole or in part the separate proceedings by himself and IBRC concerning their banking relationship and that this amounts to interference with the operation of the courts.

It is also understood he will argue that permitting the utterance to be made amounts to breach of his rights under the Constitution and European Convention on Human Rights.

Today, Mr Cush said the proceedings are against the Houses of the Oireachtas Commission, Ireland and the Attorney General and his side wants declarations in relation to matters mentioned in the context of Mr O'Brien's other proceedings against RTE, brought over a planned broadcast concerning Mr O'Brien's personal banking affairs with IBRC.

Mr Cush said he was making an inquiry whether the court would facilitate an early hearing of an application for directions concerning the hearing of latest proceedings. A statement of claim would be issued very soon, he said.

Mr Justice Nicholas Kearns said it was not usual to hold a directions hearing prior to the issuing of a summons and the court would list the matter for July 1st when it would hear from both sides.

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