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Updated 12.18 pm
THE JUDGE WHO granted Denis O’Brien an injunction against RTÉ has said that the public is not entitled to know “every detail of the affairs and operation of IBRC”.
Judge Donald Binchy published the 21 May judgment this morning with what he described as ‘minimal redactions’.
The judgment says that the temporary injunction was granted, in part, because the broadcaster did not prove that a request by O’Brien to extend the term of his loan was handled incorrectly by IBRC.
The judge ruled that an individual’s right to confidentiality could only be breached in the name of public interest if there was a “meaningful connection” between the issue of public importance and the information being considered.
RTÉ had argued that their news story by Business Editor David Murphy was about the corporate governance of IBRC. It contained details of loans and repayments between the bank and O’Brien.
In the judgment, Justice Binchy outlined RTÉ’s argument that a verbal agreement between O’Brien and the bank’s CEO for a loan extension may not have been put to IBRC’s credit committee.
“If such an agreement was reached without credit committee approval, it would indeed be indicative of a failure or corporate governance,” the judge said,
However, “no such evidence of a substantive nature was presented to court”.
The judge acknowledged that there is “no doubt at all about the public interest in the affairs of IBRC” but added,
“That of itself, however, does not entitle the public to know every detail of the affairs or operation of IBRC, and certainly not the confidential information concerning its customers.”
The judgment was delivered in court on 21 May but the media were unable to report details from it until today when a number of redactions were made.
Today’s published judgment contained four redactions.
More redactions would have been evident had it not been for Dáil comments made by Catherine Murphy TD.
RTÉ argued that the “avalanche of information” had come into the public domain in recent days and must be considered.
Justice Binchy said that he took on board arguments from RTÉ’s legal team that statements from the Kildare North TD had brought additional information into the public domain.
The redactions he did make were excluded because “the could not reasonably be conferred form what Deputy Murphy said in the Dáil.”
regardless of what all this info will come out in the wash soon
Hello ENDA are you out there????
He’s organising an American football match give him a chance , he’s buttering scones for them at the minute but he should be free around 3pm if that suits get your peeple to call his peeple , ok hun.
I really hope you are right Mick.
It was in the wash long,long ago.
Even the Indo published it!!
http://www.independent.ie/irish-news/so-whos-afraid-of-denis-obrien-enda-kenny-is-26782500.html
I like to picture Enda like a child rocking back and forth blocking his ears and going “daaadaaaadadaddaaaaaaa I can’t hear you! Addadadaddadaddadadada”
Be straight journal fact is anyone with monery can silence our media Dob was a perfect example of that we heard that on vb last nite.Media in Ireland is now toothless._.Question is what good are ye if ye cant report corruption.And now they want to silence our free speach on the net https://soundmigration.wordpress.com/2015/04/20/labour-censorship-ireland-social-media/ where is journal to report on that where is journal to report on ttip max keiser said Irelands biggest danger is our media and i know now he is right. ” For evil to triumph it takes good men and women to stand by and do nothing”
Money
Whose your Daddy Enda?
Galway guy is panti bar open yet try there ok
Enda’s a bit like Ron Burgundy – he’ll say whatever is scripted in front of him.
Still removing comments on this story i see
@Bobby you’re right. The Journal had a great opportunity to fight against the attempt to silence the right of our elected TDs to highlight issues of public interest in the Dail but completely bottled it. They took the cowardly way, didn’t allow any comments on DOB , didn’t explain why and as a result have lost all credibility. Such a pity
“I’m Enda Kenny?”
Alan Dukes related comments being edited now.
Thanks Sean, – an excerpt; -
“When British Telecom bought Esat in 2000 for IR£2.3bn, O’Brien made nearly a quarter of a billion arising from the sale of an asset granted by the State in a decision made by Lowry in the last Fine Gael-Labour government. O’Brien’s decision to become a tax exile in Portugal shortly after the sale is estimated to have saved him over IR£50m in capital gains tax.”
“To recreate political virtue, rebuild public trust and restore our reputation, it is no longer sufficient to do what is correct,” Kenny avowed. “We must do what is right.”
- These are meaningless words by a man in power who is afraid of offending the powerful.
- Dr Elaine Byrne, Adjunct Lecturer in Politics, Trinity College Dublin.
Independent.ie, 16/10/2011 | 05:00
I very much hope that Mick is right too Jane but I have serious doubts that much more will be revealed. The government and it’s cohorts are usually very good at closing ranks and bringing down the veil of secrecy.
The sheer amount of corruption in this state is staggering. Fine Gael is up to its neck in it hence the Taoiseach slithering under a rock somewhere and refusing to face a crisis as he always does.
Maybe all political donations made to the Falangistas in the last two decades ,by The Menace O’Slime, will be returned by the Weasel Kenny.?
A cesspit of corruption. FG, FF and Lab and the VIP’s they represent.
Pontius I hope his day is coming.
Why Labour?
Any sign of a story on the issue of media ownership? http://www.irishtimes.com/news/politics/media-mergers-guidelines-will-not-be-retrospective-1.2233834
Basically it means a controlling interest in media will be held by Dennis with rules out in place to stop anyone else gathering as much control? Do we really let these things happen?
one of important issues brought up by this story is media ownership in Ireland. Media ownership brings great influence, and do we want that power, concentrated in the hands of any one person.
Our society needs to look at this.
As consumers, we also have to reflect on the possible agendas (if any) pushed by the Indo, Herald, Newstalk etc.
There’s no point in us just complaining and doing nothing.
As a consumer, I’m going to take action from today. No more Indo, Herald or Newstalk is allowed in my home, – and my family and friends know the reason why.
Its a simple and effective first step.
Zoe it would probably be a good idea to stay clear of An Phoblacht also, it has been known to put it’s own slant on things :-o
Truth is like the sun. You can shut it out for a time, but it aint goin’ away Dobbie!
‘Redacted’….the new buzzword for those with a finger in the pie.
It was a Judge who was a mere solicitor and jumped up to higher powers by FG in the last few months, so I’ve been told. However, he appears to be a Judge who does not know our Constitution. Maybe an intervention by The Bar Council of Ireland is called for here? Just a suggestion ….
Get http://www.integrity.ie on the job.They are doing good work in this area..
Sorry,the correct link is:
http://www.integrityireland.ie
Marie, what is it you think the judge has done wrong here?
‘So I’ve been told’?? That’s what you got? Has the judge been influenced in anyway? Are you saying that our judiciary is corrupt?
Thanks Sean MacDiarmada, that is a very interesting website.
No, I’m not saying that the Judge was wrong but maybe he is not as qualified as he should have been giving the outcome of his Judgement. If what was said in The Dail can be reported everywhere for the common good then why did he give an injunction against this?
Our Judiciary corrupt??????? LOL ……..
Because unless he is in cohoots with Catherine Murphy or has a crystal ball he can’t have known what was coming next.
@Jane ……. does not matter what Catherine Murphy had to say. Dail Privilege protected her and newspapers/tv stations had a right to broadcast it …… thats whats in the Constitution. Why, as a Judge, did he not know this? Thats what I’m asking!
What do you mean how did he not know this? That wasn’t the issue in front of him when the injunction was granted. DOB got the injunction to stop the rte programme, it had nothing to do with CM or dail privilege. he can’t have known CM was going to say the same stuff under dail privilege. I think there is confusion here.
How can you possibly prove that the verbal agreement wasn’t cleared with the IBRC credit committee?
If it was cleared, you would imagine there would be a paper trail, or at least notes from the meeting where the decision was taken. Especially given the sum involved.
If you have proof of corruption and criminality you should go to the Gardaí with it “Were Jammin”
Maybe IBRC don’t keep records of their meetings.?
Like” Irish Water” meetings.?
Safer by far-then everybody can safely lie through their beards.?
Diarmuid – If you have any proof for all the outlandish porkies ,that you smear these threads with – You should present yourself to An Garda and insist that they charge you with wasting Garda time ???
So proof of criminality would be wasting Garda time? Silly boy Ciarraioch…
Kennys sheer lack of leadership is staggering,sticks his head in the sand and will still get voted back in muppet.
The next government will be a coalition of Blue shirt Fascists,and the rump of the original corrupting hordes- The Soldiers of Destiny.!
God help us then..
@Kevin
Are u in the army? I can’t be sure from your photo.
How are you & your comrades fixed for a coup d’état?
Clear the brig, make room for 101 guests. Dobbie can have the jax.
Fascism? Really?
Justice Donald Binchy appointed by Dobbies FG Gimps…..
And what’s your point? Can you tell is what the judge got wrong and you link the evidence? Pop along to the Gardai with your corruption plot.
Absolutely correct.
This should be afforded to every citizen of the State and when the blood and thirst calms down, most fair minded people will agree with this.
He’s not a citizen, and that’s taxpayers money that’s being handled, so people should have every right to know.
Isn’t he Maltese now?
It’s a judge on the back foot.
That can never be correct.
Sounds like a judge who was completely caught on the hop by O’Briens legal team before he had time to peruse all the legal niceties Paul.
MK, the judge did a legal side-step. His final addendum and reason for the redactions was that Catherine Murphy had not shown/spoken under privilege about the redacted sections as they now stand and therefore, imo, is inviting her to find out more, reveal them under privilege, All go back again to court to have it re-entered and then he will undo the final few redactions..in the public interest!…
Fair point Randal, but that’s making a joke out of Dail privilege, as well as the judiciary.
I’m having serious issues with where all this could go, inclusive of the Dail privilege being used for score settling, as there is currently no downside if the the accuser is found to be false.
It’s a dangerous precedent for us all and not just for the rich and famous, as the ‘let’s have a trial, then a hanging’ type of approach could have any of us under the spotlight, deservedly or no.
He is an Irish citizen but non tax resident. There are thousands of them through the world
Wot – like your mate Shatter? I think that’s the example you are looking for.
However, on the current matter Murphy was correct to open pandora’s box. Immediately it’s looking likely that the CEO of IRBC acted ultra vires (beyond the powers he is permitted to).
all government contracts must be removed from dob companies as a result of attacking the Irish constitution. its a ridiculous situation.
Judge is a clown of the highest order , calling IBRC a bank. Anglo Irish wasn’t even a bank. You needed another bank account to bank with Anglo.
I’m surprised no one has brought up meeting’s in pubs about mobile licences with the politician “i won it all on horse’s” who is due before the courts shortly.
The funny thing is this tax exile doesn’t care much about peoples right’s , he is quiet happy to violate them on a daily basis with siteserv , nor does he care much when he declare’s his taxes in Malta. Malta a tax heaven for the corrupt.
I think you need to read the definition of a bank
Do you have an account? Do you know anyone that has an account, someone that isn’t on the 6 news that is.
You could not lodge or withdraw any money from Anglo without going via another bank account , nor do they deal in cash at all. I’m pretty sure that what banks were invented for in the first place was to store your cash and valuables .
For a judge to turn around and basically try and compare it to your local credit union is comical and utterly detached .
And at the next election the same old , same will be put back and the story goes on on !!!!!
Too true.
Please share:
http://www.youtube.com/watch?v=9sAowRrD4hg&sns=em
http://youtu.be/9sAowRrD4hg
Please enjoy and share.
Is that one of the banks taxpayer bailed out Judge Binchy ?
Its called legalised corruption same as legalised property tax ,legalised water rates ,legalised putting a 70 year old anti war lady in prison for three months for protesting at Shannon airport .legalised putting a 69 year old woman in prison for protesting over the felling of trees. Legalised putting 411 in prison for non payment of tv licence .It goes on you know .but that’s the law for the ordinary joe soap
Now the government is going launch a high level inquiry into IRBS probably appoint one of their own ! And guess what Enda / Noonan will go into Dail next week and tell us they can’t comment as there is a enquiry going on ! And that will kick it down the road until after election ? Save this article people !
If there is to be full transparency in any business, then yes, the public does need to know every detail. Otherwise, that screams that “something is rotten in Denmark”. Could we also have DOB-corrupt judges as well???
So there was no constitutional crisis, just a judge off work for a few days. Now there’s nothing to see. After all the hysteria here…
Loads more justifiable hysteria to come O’Reilly. Watch this space
This judgment is a disaster for investigative journalism in Ireland.
The non story story from RTE. I’m sick of reading all the begrudgery about Denis O’Brien. His banking affairs are between himself and IR BC.
And the Irish tax payer, you know, the people who’s money is being thrown away.
Is there any way to find out why my facebook account was blocked??
I seem to have been blocked from commenting through my facebook account… any way i can find out why that is??
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