Saturday 21 April 2018

QUOTATIONS FROM THE HARDIMAN JUDGEMENT

The case

"I wish to emphasise that the present case is not unique simply because it is based on a claim that a government minister acted corruptly, that a public administrative process, designed to be "impermeable to politics" was allegedly corrupted. The principal relevant unique factor is that Dail Eireann and the Taoiseach decided to set up a tribunal of inquiry which itself decided to investigate the very matter which is at the heart of these proceedings, the award of the second mobile telephone licence. . . It produced evidence of a money trail which, if capable of being established in legal proceedings, would be extremely valuable to the plaintiffs. . .

"The plaintiffs in the present proceedings make allegations of fraud, misfeasance, deceit and other wrongs against a government ministry, the State itself, the Attorney General, a former minister and current member of Dail Eireann, a company and an immensely wealthy and prominent businessman. It is most important, in the interest of justice, to emphasise what to most readers will be known already: the allegations of actual corruption are made against Mr O'Brien and Mr Lowry TD: the liability of the other parties for their alleged actions is said to be vicarious and representative. . .

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