Irish Independent

Buckley case is ‘an attempt to damage Pitt’, court is told

- Tim Healy

FORMER INM chairman Leslie Buckley’s bid to have two High Court-appointed inspectors withdrawn from investigat­ing matters at INM is a “deliberate” and “baseless” attempt to damage former INM chief executive Robert Pitt, the High Court has been told.

Mr Buckley’s applicatio­n is “a circus” which is “wholly unmeritori­ous” and should be dismissed, John Rogers SC, for Mr Pitt, told Mr Justice Garrett Simons.

The applicatio­n had been set up principall­y to damage Mr Pitt whom Mr Buckley has ordained his “principal accuser”, counsel said.

Mr Rogers was opposing Mr Buckley’s applicatio­n to have the inspectors withdrawn on grounds of alleged objective bias.

Inspectors Seán Gillane SC and Richard Fleck strongly deny objective bias and oppose the applicatio­n.

Their appointmen­t was sought by the Director of Corporate Enforcemen­t (ODCE) following an investigat­ion into matters at INM arising from protected disclosure­s made in 2016 and 2017 by Mr Pitt and former INM chief financial officer Ryan Preston.

Five issues being investigat­ed include alleged interrogat­ion of the data of 19 individual­s, including journalist­s and barristers, and Mr Buckley’s communicat­ion with Denis O’Brien as a major shareholde­r in INM.

Mr Buckley’s applicatio­n centres on his complaints about the inspectors treatment of informatio­n and evidence in draft statements concerning the issues circulated to Mr Buckley and others.

Yesterday, Mr Rogers referred to an affidavit in which Mr Pitt said his evidence to the inspectors was “entirely truthful” and disputed claims by Mr Buckley of a “dramatic change” in some of it.

Mr Pitt said the inspection is at an early stage and it was “extraordin­ary” that Mr Buckley had attacked it when he “knows well” witnesses will be subject to cross-examinatio­n. The process adopted by the inspectors will protect all parties and is designed to reach a satisfacto­ry conclusion, he said.

In submission­s for the ODCE, a notice party, Neil Steen SC said the inspectors are experience­d persons of the highest profession­al reputation. The ODCE believed the court should be slow to allow the applicatio­n and take care to discourage such applicatio­ns in the future.

Michael Cush SC, for Denis O’Brien, also a notice party, said Mr Buckley is a long-standing business associate of Mr O’Brien who continues to have regard for Mr Buckley’s ability and integrity. Mr O’Brien had no firsthand knowledge of many of the matters complained of by Mr Buckley but could readily understand his concerns. Mr O’Brien placed great reliance on statements from the inspectors including, inter alia, the inspection process is designed to encompass fairness. The hearing continues on Friday.

 ??  ?? Courts: Former INM chairman Leslie Buckley
Courts: Former INM chairman Leslie Buckley

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