The High Court will tomorrow publish details of the decision to grant businessman Denis O’Brien a temporary injunction to stop RTE broadcasting details of his personal bank affairs.
The interim injunction granted on May 21 stopped the national broadcaster airing information on Mr O’Brien’s banking arrangements with the Irish Bank Resolution Company (IBRC).
In the High Court today, RTE and Mr O’Brien’s legal teams argued over what parts of the injunction should be redacted before it is published.
Darren Lehane SC, acting for Mr O’Brien, highlighted a number of paragraphs in Mr Justice Donald Binchy’s judgement which he believed should be redacted from the final document as the information was not mentioned in the Dáil by Independent TD Catherine Murphy.
Mr Lehane argued that information not already in the public domain following Ms Murphy’s Dáil speech should not be included in the final judgement.
However, David Holland SC for RTE insisted there was no need for the judgement to be redacted as even the “dogs knew” about the details of the case.
Mr Holland also sought to enter into court a statement by Mr O’Brien in which he claimed Ms Murphy was “peddling lies”.
He said the accusation that Ms Murphy effectively misled the Dáil gave rise to new claims of public interest in the case.
Mr Lehane tried to stop the statement from being entered into the court, which Mr Holland described as a “bizarre situation” and like an “Alice in Wonderland scenario” as it was comment from his own client
Justice Binchy agreed information already in the public domain should not be redacted but said he would consider if aspects of the judgment should be edited before publication.
The case will resume at 11am tomorrow in the High Court when Justice Binchy will give his judgement.
RTE will enter an application on Friday seeking further clarity on the extent of the injunction.
I woke up in Haiti on the morning of April 29 to a phone message saying that RTÉ had sent me a letter with questions regarding my confidential banking arrangements with Anglo Irish Bank/ IBRC.
State broadcaster RTE and businessman Denis O'Brien have clashed over the deadline for appeal by the station of the High Court injunction which stopped it from airing details of Mr O'Brien's dealings with Irish Bank Resolution Company (IBRC)
The controversy surrounding Catherine Murphy's comments in the Dáil last Thursday raises a novel point of constitutional law that has not previously been before an Irish court: whether the media may publish remarks made under Dáil privilege that include information covered by a previous court order restraining publication.