Friday 28 April 2017

Ruling in weeks on O'Brien Dáil case

A three-judge High Court in late January dismissed Ms Kerins’ case, which had raised
similar issues relating to the privilege attached to 'utterances' in the Oireachtas. Stock picture
A three-judge High Court in late January dismissed Ms Kerins’ case, which had raised similar issues relating to the privilege attached to 'utterances' in the Oireachtas. Stock picture

Tim Healy

A High Court judge hopes to rule next month on the action by businessman Denis O'Brien over statements made in the Dáil about his banking affairs.

Ms Justice Úna Ní Raifeartaigh also said she would consider submissions concerning the Kerins judgment.

This is part of her consideration of the separate High Court decision rejecting former Rehab CEO Angela Kerins' legal action which addressed some of the issues raised in Mr O'Brien's case.

Although she said last week she did not consider it necessary to hear submissions from the O'Brien case parties on the Kerins decision, she was prepared, on further reflection while considering the Kerins judgment, to take into account any further submissions the parties wished to advance.

Eileen Barrington SC, for Mr O'Brien, and Sara Moorhead SC, for the Dail parties, said they would provide written submissions by March 6.

The judge thanked the sides and said she hoped to give her judgment in March.

Ms Kerins brought a case over the conduct of two Dáil Public Account Committee hearings in 2014 concerning payments of public monies to Rehab.

A three-judge High Court in late January dismissed Ms Kerins' case, which had raised similar issues relating to the privilege attached to "utterances" in the Oireachtas.

Mr O'Brien's case is against the Clerk of the Dáil and the State. Legal costs are expected to exceed €1m and liability for those will be decided after judgment is delivered.

Irish Independent

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