Follow, retweet @dailypinster




Post new topic Reply to topic  [ 12 posts ] 
Author Message
 Post subject: Kerins loses High Court challenge against PAC
PostPosted: Tue Jan 31, 2017 12:06 pm 
Offline
IMF'd

Joined: Sep 13, 2007
Posts: 31296
Location: Tullamore
http://www.rte.ie/news/2017/0131/848849 ... -judgment/
Quote:
The former CEO of the Rehab group, Angela Kerins, has lost her legal challenge to public hearings carried out by the Dáil's Public Accounts Committee.

Three High Court judges ruled that the constitutional guarantee of freedom of speech in parliament was there to protect the democratic process itself.

Mr Justice Peter Kelly said if it was constrained in the manner contended for by Ms Kerins, the function of parliament would be impaired in a way prohibited by the Constitution.

He said Ms Kerins was inviting the court to analyse utterances made in the Oireachtas and that could not be done.
...
The judgment is likely to have implications for all Oireachtas committees, and for the separate case taken by businessman Denis O'Brien over statements made by two TDs in the Dáil about his banking affairs.

_________________
"It is impossible to design a system so perfect that no one needs to be good."

So long and thanks for all the fish.


Top
 Profile  
 
 Post subject: Re: Kerins loses High Court challenge against PAC
PostPosted: Tue Jan 31, 2017 12:18 pm 
Offline
Under CAB Investigation

Joined: Dec 2, 2013
Posts: 2148


Top
 Profile  
 
 Post subject: Re: Kerins loses High Court challenge against PAC
PostPosted: Tue Jan 31, 2017 1:53 pm 
Offline
Of Systemic Importance

Joined: Nov 4, 2011
Posts: 5363
Location: SthDub
You jumped the gun

Former Anglo Irish Bank CEO Drumm granted free legal aid
http://www.rte.ie/news/2017/0131/848946 ... legal-aid/
Quote:
Judge Karen O'Connor granted legal aid to pay for four barristers after hearing Mr Drumm was in a "catch 22 situation" regarding his finances.


Top
 Profile  
 
 Post subject: Re: Kerins loses High Court challenge against PAC
PostPosted: Tue Jan 31, 2017 9:03 pm 
Offline
Planning Tribunal Attendee

Joined: Jun 15, 2008
Posts: 1477
Location: ZimbabwEire
Delighted to hear that...made my day.
Presume lard arse will now have to stump up milions in legal fees?

_________________
"In a nation ruled by swine, all pigs are upwardly mobile—and the rest of us are fucked until we can put our acts together: not necessarily to win, but mainly to keep from losing completely. We owe that to ourselves and our crippled self-image as something better than a nation of panicked sheep."
—Hunter S Thompson-The Great Shark Hunt, 1979


Top
 Profile  
 
 Post subject: Re: Kerins loses High Court challenge against PAC
PostPosted: Tue Jan 31, 2017 11:29 pm 
Offline
Of Systemic Importance

Joined: Nov 4, 2011
Posts: 5363
Location: SthDub
Rimbaud wrote:
Delighted to hear that...made my day.
Presume lard arse will now have to stump up milions in legal fees?

Don't dare presume that! Fees are up for mention in a few weeks time.
I'm sure her side will argue there ws a national and consitutional interest in the case she took and therefore the State should pay for all sides


Top
 Profile  
 
 Post subject: Re: Kerins loses High Court challenge against PAC
PostPosted: Tue Jan 31, 2017 11:39 pm 
Offline
Nationalised

Joined: May 13, 2008
Posts: 11210
Location: Somewhere up in the hills
I'm sure John Hussey and Frank Flannery will put in a good word for her. By the way, where is Frank now? The media seems to have lost interest in Panama Frank and his strange financial affairs.

oink! oink!


Top
 Profile  
 
 Post subject: Re: Kerins loses High Court challenge against PAC
PostPosted: Tue Jan 31, 2017 11:44 pm 
Offline
Under CAB Investigation

Joined: Mar 14, 2013
Posts: 1535
FreeFallin wrote:
Rimbaud wrote:
Delighted to hear that...made my day.
Presume lard arse will now have to stump up milions in legal fees?

Don't dare presume that! Fees are up for mention in a few weeks time.
I'm sure her side will argue there ws a national and consitutional interest in the case she took and therefore the State should pay for all sides

For such a spurious case? She might not find it so easy. It's in the national interest to follow her for every cent..

_________________
An increase in the number of paupers does not broaden the market. M. Kalecki


Top
 Profile  
 
 Post subject: Re: Kerins loses High Court challenge against PAC
PostPosted: Tue Jan 31, 2017 11:49 pm 
Offline
Of Systemic Importance

Joined: Nov 4, 2011
Posts: 5363
Location: SthDub
werpen wrote:
FreeFallin wrote:
Rimbaud wrote:
Delighted to hear that...made my day.
Presume lard arse will now have to stump up milions in legal fees?

Don't dare presume that! Fees are up for mention in a few weeks time.
I'm sure her side will argue there ws a national and consitutional interest in the case she took and therefore the State should pay for all sides

For such a spurious case? She might not find it so easy. It's in the national interest to follow her for every cent..

This is Ireland


Top
 Profile  
 
 Post subject: Re: Kerins loses High Court challenge against PAC
PostPosted: Wed Feb 01, 2017 12:44 am 
Offline
Under CAB Investigation

Joined: May 3, 2008
Posts: 2107
FreeFallin wrote:
werpen wrote:
FreeFallin wrote:
Rimbaud wrote:
Delighted to hear that...made my day.
Presume lard arse will now have to stump up milions in legal fees?

Don't dare presume that! Fees are up for mention in a few weeks time.
I'm sure her side will argue there ws a national and consitutional interest in the case she took and therefore the State should pay for all sides

For such a spurious case? She might not find it so easy. It's in the national interest to follow her for every cent..

This is Ireland


Yes indeed, but I think our old friend Peter Kelly is involved in this judgement and he can usually be relied upon to disregard the normal establishment playbook and do the right thing.

_________________
"Bankruptcies of governments have, on the whole, done less harm to mankind than their ability to raise loans."- R.H. Tawney, Religion and the Rise of Capitalism, 1926

"By a continuing process of inflation, government can confiscate, secretly and unobserved, an important part of the wealth of their citizens.- John Maynard Keynes, Economic Consequences of Peace


Top
 Profile  
 
 Post subject: Re: Kerins loses High Court challenge against PAC
PostPosted: Wed Apr 05, 2017 4:03 pm 
Offline
Of Systemic Importance

Joined: Nov 4, 2011
Posts: 5363
Location: SthDub
This will make your day

http://www.independent.ie/irish-news/co ... 96205.html
Quote:
Former Rehab Group chief executive Angela Kerins has avoided having to pay a massive legal bill after her failed High Court action against the Dáil Public Accounts Committee (PAC).
Normally losing parties would have to bear all of the costs, expected in this case to be between €500,000 and €700,000 after ten days of hearings last year.
However, the three-judge division of the Court ruled today that the PAC will have to pay two-thirds of Ms Kerins’s legal bill.
The decision means the PAC will also have to pay its own legal costs on top of that. These stand at €234,000, according to documents released under Freedom of Information rules.
Two other defendants in the case, Ireland and the Attorney General, will also have to pay their own legal costs after they failed to secure orders for costs against Ms Kerins.
Ms Kerins (58) unsuccessfully sued for damages and sought declarations that the PAC’s activities were unlawful and tainted by bias following two hearings of the committee in 2014....

....In a judgment read out by the President of the High Court, Mr Justice Peter Kelly, the court found the circumstances of the case warranted a departure from the normal rules on costs.
“But nonetheless it cannot be gainsaid that much of what was put to the applicant and said about her in the course of the two meetings in question was damaging to her reputation personally and professionally,” he said.
The ruling said the court was satisfied the taking of the proceedings by Ms Kerins was “a proportionate reaction” to what had occurred.
It also said the court was satisfied Ms Kerins had “raised issues of special and general public importance and of some novelty”.
“She raised issues concerning the legal safeguards, if any, available to witnesses who appear before the PAC in a voluntary capacity,” the ruling said.
“The PAC has an important function. Questions concerning the proper discharge of its function and the conduct of its members are matters of public importance.”
The ruling went on to say the case also raised important questions of freedom of speech in parliament, the separation of powers and the extent to which the court may intervene in the affairs of the legislature.

The court said the case determined that Article 15.13 of the Constitution, concerning Oireachtas privilege, extended to comments made in committees as well as in the Dáil and Seanad.
“The case also casts light on the position of persons who volunteer to appear before the PAC,” it said.
“This may well have implications for the PAC in future since the court was told that it operates to a significant extent on voluntary participation of witnesses in hearings before it.”

The Establishment will look after their own


Top
 Profile  
 
 Post subject: Re: Kerins loses High Court challenge against PAC
PostPosted: Wed Apr 05, 2017 11:04 pm 
Offline
Planning Tribunal Attendee

Joined: Jun 15, 2008
Posts: 1477
Location: ZimbabwEire
Looks like she's on the hook for a couple of hundred bags of sand....?

_________________
"In a nation ruled by swine, all pigs are upwardly mobile—and the rest of us are fucked until we can put our acts together: not necessarily to win, but mainly to keep from losing completely. We owe that to ourselves and our crippled self-image as something better than a nation of panicked sheep."
—Hunter S Thompson-The Great Shark Hunt, 1979


Top
 Profile  
 
 Post subject: Re: Kerins loses High Court challenge against PAC
PostPosted: Thu Apr 06, 2017 11:29 am 
Offline
Too Big to Fail
User avatar

Joined: Aug 21, 2009
Posts: 4342
Location: Mesopotatia
Ireland was a defendant?

She got off too lightly.

_________________
The real damage is done by those millions who want to 'get by'. The ordinary men who just want to be left in peace. Those who don’t want their lives disturbed by anything bigger than themselves. Those with no sides and no causes. Those who won’t take measure of their own strength, for fear of antagonizing their own weakness. Those people who roll up their spirits into tiny little balls so as to be safe. Safe?! From what?
Sophie Scholl


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 12 posts ] 


Who is online

Users browsing this forum: ps200306 and 6 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum

Jump to:  

Follow, Retweet @dailypinster



Pyramid Built, Is Better Built! - Latest Property Discussions www.thepropertypin.com