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Who is advising this man? April 3, 2017

Posted by WorldbyStorm in Uncategorized.

It’s been asked before but after the result in the HIgh Court the other day it has to be asked again.

Businessman Denis O’Brien has lost his High Court action over statements made by two TDs in the Dáil about his banking affairs.
Ms Justice Una Ni Raifeartaigh today dismissed the businessman’s action against the Clerk of the Dáil and the State after upholding the respondents core argument – the Constitution prohibits the courts intervening over “utterances” in either House of the Oireachtas.
Article 15.13 of the Constitution states members of the Oireachtas are not amenable to any court or authority other than the Houses themselves for “utterances” in the Houses.

What is it about him that he feels the necessity to push back at times in ways which seem hugely counter-productive.

The centrality of freedom of speech in the Oireachtas is a precious principle. At times it may indeed be abused – it’s an human institution, that is near-inevitable. But the necessity to have the right in that forum to raise difficult, inconvenient and unwelcome facts seems to be paramount.


1. Aengus Millen - April 3, 2017

You’re right that it was ridiculous to think that this would succeed I guess money makes you blind. I do worry though that he may try to hang his hat on the one bit of hedging that Justice Ni Raifeartaigh did in her judgement which was to say that there might be some case in which democracy and the systems of governance were so strained by speech in the dail that the courts could take some action. I fear that O’Brien may try to spin this as some sort of victory (he was already seemingly doing so on the day of the judgement) or worse use it as the pretext for another case in future. It seems to me that it would have been better to dismiss court interference in dail speech out of hand.

Liked by 1 person

2. dublinstreams - April 3, 2017

“damage was undoubtedly done to the plaintiff” http://courts.ie/Judgments.nsf/09859e7a3f34669680256ef3004a27de/419a53731fe6a00f802580f400586372?OpenDocument ok it might have effected his case but did it damage him?

Liked by 1 person

3. bjg - April 3, 2017

Mr O’Brien has now established that he will sue anyone, even the state itself, if he deems it necessary. And anyone who lacks the resources of the state might be [even more] careful to avoid doing anything that might annoy him.

Although of course I am sure that no such result was intended by him, as he is such a splendid fellow, admirable in every way.


Liked by 1 person

4. GW - April 4, 2017

His ego?

The last two words have nothing whatsoever to do with the naked ape earth-being known as Denise O’Brien who is indeed a paragon of his species and I hope that I grow up to be just like him.


5. GW - April 4, 2017

A rather more reliable source of reportage than Independent News & Media, quotes the judge thusly:

“Denis, we could name a courtroom after you at this stage,” Justice Rafferty began, referring to the dozens of litigation cases brought forward by the Maltese citizen, “I feel it’s time to just give it to you straight, Denny, cause it doesn’t seem to be registering in that thick skull of yours; please, fuck back to Malta for yourself and stop annoying us”.


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