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Angela Kerins loses her case for damages against the Public Accounts Committee

Kerins was not present in court for this morning’s judgement.

90425133_90425133 Angela Kerins Leah Farrell / Rollingnews.ie Leah Farrell / Rollingnews.ie / Rollingnews.ie

Updated 13.00

FORMER CHIEF EXECUTIVE of Rehab Angela Kerins has lost her case for damages against the Oireachtas Public Accounts Committee at the High Court.

In delivering his judgement this morning, President of the High Court Justice Peter Kelly said that “the issue of jurisdiction is not one that properly arises in this case”.

He said that it was clear that the utterances of members of the Oireachtas during Kerins’ appearance in front of PAC in February 2014 were “clearly opinion devoid of legal force”, and that it was beyond the court’s jurisdiction under Article 15.13 of the Constitution to award damages arising from those utterances.

“The essence of the applicant’s case is a claim for damages arising from those utterances which seeks to make the Oireachtas respondents amenable to the jurisdiction of the court,” he said.

That cannot be done.

Justice Kelly said it would be wrong to take the court’s decision as “a denial of the constitutional rights of ” Kerins.

He cited legal precedent, specifically the case of Cane v Dublin Corporation (1927):

“It would be strange indeed if a court of law were to have the power to pass under review the evidence and the proceedings before a parliamentary committee,” being the passage cited from that case.

“In this case the custodian of those rights is not the court but the Oireachtas itself,” Justice Kelly said.

For upwards of four centuries it has been recognised in common law jurisdictions throughout the world that the courts exercise no function in relation to speech in parliament.
This is fundamental to the separation of powers and is a cornerstone of constitutional democracy.

Justice Kelly added that the privilege conferred by Article 15.13 is “not merely one that provides a litigation defence… rather utterances in parliament are in an area of non-justiciability ordained by the Constitution”.

“For all of these reasons therefore, the court is of the opinion that this claim must fail,” he concluded.

Angela Kerins was not present in court for the judgement.

The court set a date of 21 February, three weeks from today, for both sides to represent their case as regards legal costs.

Reacting to the judgement, Sinn Féin’s Mary Lou McDonald said it was “a significant decision as it clarifies the right of members of the Oireachtas to act in the public interest and to do the job that we are elected to do”.

McDonald had been one of the most noteworthy of those who questioned Kerins during her seven-hour appearance in front of the PAC and was named, as were all then members of the committee, in the legal action.

“The PAC had a right and a responsibility to examine how €83m in annual state funding, given to Rehab companies, was put to use,” McDonald said.

No organisation who receives finance from the public purse can be beyond accountability.

Kerins had been sought damages from the PAC for distress, public humiliation, and the loss of her career regarding her appearance before the committee in February 2014 while she was still working at Rehab.

The court previously heard that Kerins had made an attempt on her own life following her seven-hour session in front of the PAC on 27 February 2014, and subsequently resigned as CEO of Rehab on 2 April 2014.

The full 57-page judgement can be read here

Read: Europe: ‘We didn’t overstep the mark with Apple and Ireland’

Read: Two young men charged over burglaries in Offaly

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117 Comments
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    Mute Dermot Hickey
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    Jan 8th 2012, 8:02 PM

    Why oh why did they picture cork? It just gives all them corkonians another reason to call cork the real capital lol!

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    Mute Dave
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    Jan 8th 2012, 8:28 PM

    How? It’s obviously merely a shadow of Dublin! :-)

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    Mute Paraic Simpson
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    Jan 8th 2012, 10:45 PM

    They kept the best til last…lol

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    Mute Alan Larkin
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    Jan 9th 2012, 12:04 AM

    Even if it IS upside down! Or is that, Inside out?

    12
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    Mute Faceless Man
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    Jan 8th 2012, 7:10 PM

    Anyone else see their gaff?

    57
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    Mute foggy_lad
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    Jan 9th 2012, 2:49 AM

    Isn’t el paso in mexico?

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    Mute Kieran Murphy
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    Jan 8th 2012, 8:11 PM

    I wonder why Tokyo is all white light while every other city is yellow?

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    Mute Emsy wemsy
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    Jan 9th 2012, 10:05 AM

    Ha that’s what I was thinking

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    Mute Edmundo Lee
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    Apr 1st 2013, 2:15 AM

    Tokyo’s greenish tint can be attributed to its streetlights. More here > Cities at Night: The View from Space http://earthobservatory.nasa.gov/Features/CitiesAtNight/

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    Mute Oliver Walker
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    Jan 8th 2012, 8:31 PM

    Yay u added Cork boy…But sure why wouldn’t Cork have a picture with the story,Up the rebels

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    Mute Dave
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    Jan 8th 2012, 8:36 PM

    Ha! Rebels! Your funny! :-)

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    Mute Paul carew
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    Jan 8th 2012, 10:41 PM

    You don’t have to be in space to see that the ESB are smiling :):):)!!!!!!!!!!!!

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    Mute Paul carew
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    Jan 8th 2012, 10:46 PM

    Is that the infrared picture of cork people talking shite again

    31
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    Mute Éilish Ní Bhroin
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    Jan 8th 2012, 8:46 PM

    Such a pity to see all that energy being wasted by sending it into space.

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    Mute Oaklane1
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    Jan 8th 2012, 9:12 PM

    What a pity all that energy was wasted on such a ridiculous post.

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    Mute Conor Farrell
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    Jan 9th 2012, 2:13 AM

    Éilish, you’re absolutely right, despite all the ‘thumb-downs’. Pretty much every astronomer you meet will have a word to say about the bad design of street lights in our town, cities, and roads.

    The only reason we can see cities from space is because streetlights have their light partially directed upwards. Considering streetlights are meant to light the paths and roads beneath them, the upward lighting means that people are paying for electricity that is not being used.

    When these lights are placed near rivers and streams they can affect the local ecologies: water plants and animals think it’s daytime all the time, and their life cycles and reproductive cycles become severely affected.

    Bad lighting like this is also the reason why people in Ireland’s larger towns and cities cannot see the night sky, apart from a couple of bright planets or stars. Drive 15 minutes outside any city in Ireland and you’ll be able to see the Milky Way, thanks to the lack of up-directed lighting.

    Yes, these photographs are absolutely stunning and beautiful, but they’re also a reminder to us astronomers of what’s going wrong.

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    Mute Éilish Ní Bhroin
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    Jan 9th 2012, 8:56 AM

    How is it ridiculous? My point is essentially what Conor said above. Sure it looks spectular, but at what cost. There’s a far more amazing view to be seen when you switch off the lights and look up.

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    Mute will butler
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    Jan 9th 2012, 12:34 AM

    I think the the pictures of Dublin, Cork & london England are the most beautiful, they kinda look like galaxies, which is sort of ironic!! the American cities are too ordered, the lights show the “blocks” and the streets.

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    Mute limofax
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    Jan 8th 2012, 7:08 PM

    Picture of Chicago is upside down.

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    Mute Réada Quinn
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    Jan 8th 2012, 7:37 PM

    Ireland’s face down. :-(

    52
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    Mute Declan Carroll
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    Jan 8th 2012, 7:47 PM

    A spectacular pic all the same -

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    Mute Réada Quinn
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    Jan 8th 2012, 8:10 PM

    She’s a beauty alright Declan.

    Will her sons and daughters put her right though. Or have I been reading too much Yates poetry again?

    47
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    Mute Kevin Rourke
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    Jan 8th 2012, 8:25 PM

    There is no such thing as upside down in space limofax :)

    61
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    Mute Lawrence McKenna
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    Jan 8th 2012, 8:36 PM

    There is no right side up in space

    38
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    Mute Jay funk
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    Jan 8th 2012, 9:33 PM

    Limofax in overhead photos or maps there is no right side up or upside down, it’s just one persons perspective , good example ask a southsider and a nothsider (of Dublin) to draw a map and they will draw them with their side of the city on the bottom of the page liffey horz in the middle and otherside of the city at the top This will happen about 70% of people some will do the opposite and others have Liffey vert

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    Mute Réada Quinn
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    Jan 8th 2012, 9:40 PM

    Oh gawd guys. Ye’re taking this very seriously. I’m sure he meant it as a joke. God love him thinking there’s any Messers on this site…

    36
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    Mute limofax
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    Jan 8th 2012, 9:56 PM

    Sorry, I meant to say Chicago was inside out!

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    Mute Shane Brehony
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    Jan 9th 2012, 7:43 AM

    Who cares if it’s upside down it just stated a picture of Chicago it didn’t say which way it was

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    Mute Eoin Ó Nialláin
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    Jan 8th 2012, 7:14 PM

    Been in 6 of the 10 and yes, it sheds a completely new light of most of them. Next stop Tokyo!

    23
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    Mute Nyssa Taylor
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    Jan 8th 2012, 11:23 PM

    Look at the pictures, Dublin looks like. Butterfly or a moth, Chicago looks like a spider web and one of the others looks like a strong muscled monster.

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    Mute Paraic Simpson
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    Jan 8th 2012, 11:48 PM

    butterfly or moth? don’t you mean shithole?

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    Mute Joe McDermott
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    Jan 9th 2012, 12:38 AM

    Paraic your mixed up man, the one shaped like a turd is Cork… BOY!!

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    Mute Leo McCabe
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    Jan 9th 2012, 7:56 AM

    @cork people…. See the single bright light to the north of Dublin city? That’s Croke Park. 500000ft is the closest you’ll be to that for a while I’d say! ;)

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    Mute Lawrence McKenna
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    Jan 8th 2012, 8:39 PM

    Sorry Kevin. U got there first

    13
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    Mute Charles Mark
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    Jan 8th 2012, 11:14 PM

    Boring article.Have we not all been in planes?

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    Mute Joe McDermott
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    Jan 9th 2012, 12:34 AM

    What planes have you been in that take you 500000 ft above the earth? Nob.

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    Mute Kevin Smyth
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    Jan 9th 2012, 3:29 AM

    Charles is a ‘Space Cadet’.

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    Mute Charles Mark
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    Jan 10th 2012, 12:31 AM

    Next time I’ll take my binoculars and look through the wrong end. No doubt I’ll be awe-inspired.

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    Mute Jingles
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    Jan 8th 2012, 10:15 PM

    Next stop Las Vegas!

    8
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    Mute Dave
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    Jan 9th 2012, 12:34 AM

    No, I don’t think she does.

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    Mute Ger Byrne
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    Jan 9th 2012, 10:28 PM

    the pictures of ireland were taken by nasa on the instructions of the american secret service so they can spy on jim corr!!! ….fact…………. he told me so himself!!!!

    3
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    Mute Bernadette Dunne
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    Jan 9th 2012, 4:16 AM

    The pictures a fab but not much said about the lights of Roscommon and they mention Cork and the poor ROSSIES just want to be seen lol lol lol lol lol lol

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    Mute Marko Medina
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    Jan 29th 2012, 5:20 PM

    I would want to include in my site http://www.satelliteview.org this images, possible is?

    1
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