Sunday 15 July 2018

Injunction granted to Commission on Siteserv

A commission set up to investigate transactions involving IBRC has secured a High Court injunction preventing a newspaper from publishing details of information given to it. Stock photo: Getty
A commission set up to investigate transactions involving IBRC has secured a High Court injunction preventing a newspaper from publishing details of information given to it. Stock photo: Getty

Tim Healy

A commission set up to investigate transactions involving IBRC has secured a High Court injunction preventing a newspaper from publishing details of information given to it.

The injunction was sought over fears that publication of further details may undermine the commission's work. The order is to remain in place until the commission publishes its report concerning Siteserv.

The sale of Siteserv (now Actavo) to Millington Ltd, a company controlled by Denis O'Brien, for €45.4m in March 2012, is one of the transactions the commission is looking into.

Mr Justice Paul Gilligan said he would grant the injunction that restrains the newspaper from publishing any statement, exhibit to any witness statement provided to the commission.

Barry Lennon BL, for the commission, had earlier said that under provision of the 2004 Commissions of Investigations Act the publication of any evidence or information given to the commission was an offence.

Counsel said the newspaper had previously published details of evidence given to the commission, which the commission did not raise any complaints over.

However, serious concern had recently been expressed by several witnesses, who fear their confidential personal financial and banking evidence could be disclosed.

Last month, the editor gave an undertaking that the paper would not in the future disclose or publish any evidence given to the commission, except in accordance with the 2004 Act.

Despite this, the newspaper published a further article concerning the Siteserv sale. The commission believes this may have breached the Act - which was disputed by the editor.

Counsel said in the circumstances it sought an injunction.

Irish Independent

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