O’Brien unhappy with ODCE and claims he’s been ‘trialled by media’
BUSINESSMAN Denis O’Brien claims he was “trialled by media” after details of an investigation by the corporate watchdog were published in news outlets this year.
The telecoms and media tycoon made the claim in a personal letter to Director of Corporate Enforcement Ian Drennan, exhibited in the High Court this week.
Mr O’Brien has yet to speak publicly about an investigation by the Office of the Director of Corporate Enforcement (ODCE) into governance concerns at Independent News & Media (INM), where he is the largest shareholder.
During a court hearing in April, it emerged Mr O’Brien had written to Mr Drennan accusing him or his office of facilitating media access to a lengthy affidavit about its probe before it was opened in court.
Details of the affidavit were reported extensively, including in the Irish Independent, which is owned by INM.
The businessman claimed a failure to safeguard the information had caused damage to his reputation and said he was holding Mr Drennan personally responsible. His claims have been rejected by the ODCE, which denies facilitating access to the document.
New court filings reveal Mr O’Brien has written to Mr Drennan a further three times since then. In one of those letters, dated April 20, Mr O’Brien wrote: “I have been trialled by media and I reserve the right to hold you responsible for that.
“I cannot imagine that what has happened to me and others would happen in the UK or in any other European country.”
The businessman alleged the affidavit was “drip fed to at least three newspapers in a manner which displays no duty of care to those named in it”.
Mr O’Brien asked Mr Drennan to bring the letter to the attention of the High Court.
His criticisms were rejected as “unfounded” in a letter sent to him by ODCE solicitor Dermot Morahan on April 13.
In another letter on May 2, Mr Morahan again rejected Mr O’Brien’s claims.
He said Mr Drennan was a statutory office holder discharging his functions and duties under law and asked Mr O’Brien to “kindly refrain from directing personalised comments to the holder of the office”.
A hearing took place this week before the president of the High Court, Mr Justice Peter Kelly, to decide if inspectors should be appointed to INM. INM opposed the application, saying it was unwarranted and would damage the company. A decision is expected in the coming weeks.
The ODCE wants inspectors to probe the “interrogation” of INM data by outside parties in 2014, said to have been authorised by then INM chairman Leslie Buckley, who was Mr O’Brien’s nominee to the INM board. Invoices associated with the data interrogation were discharged by a company owned by Mr O’Brien.
The ODCE also wants inspectors to investigate claims senior INM executives came under pressure from Mr Buckley in 2016 to pay an inflated price for Newstalk, a radio station owned by Mr O’Brien. The proposed purchase was abandoned.
Mr Drennan also has concerns “inside information” may have been passed by Mr Buckley to Mr O’Brien and wants this investigated too.
INM claims it was misled by Mr Buckley about the data interrogation and has initiated proceedings against him, seeking damages for alleged breach of duty and misrepresentation.
It is also seeking an indemnity in respect of any legal claims against the company arising from his alleged conduct.
Mr Buckley has pledged to robustly defend himself against each and every allegation.
Meanwhile, other documents exhibited in the High Court reveal Mr O’Brien wants to nominate industrial relations troubleshooter Kieran Mulvey to INM’s board. Mr O’Brien has had no nominee on the board since Paul Connolly left in May.
INM company secretary Mary Gallagher has informed Mr O’Brien’s Baycliffe Ltd that if Mr Mulvey is recommended to the board by INM’s nomination and governance committee, it will also need to ensure that an independent director is proposed for appointment at the same time.