‘Private’ O’Brien launches RTÉ injunction case
DENIS O’Brien’s lawyer has told a court that ‘rich and powerful public figures are as much entitled to privacy’ as anyone else.
The Malta-based billionaire yesterday launched a bid to stop RTÉ broadcasting a report describing him as a one-time ‘major debtor’ to the former Anglo Irish Bank.
The businessman’s counsel, Michael Cush SC, rejected that description of Mr O’Brien and asked why RTÉ would need to name his client in its planned report concerning the overall ‘governance of IBRC [Irish Bank Resolution Corporation, formerly Anglo]’.
Mr Cush said: ‘If that is true [that O’Brien was a ‘major debtor’] – I sug- gest it isn’t – why is it necessary to name the plaintiff [O’Brien] at all?
‘Why isn’t the story put in terms of a major debtor or a substantial debtor? Why then layer on the exact details of his indebtedness, the exact repayments made… and the details of his negotiations with IBRC?
‘That is totally unnecessary disclosure for the public-interest story RTÉ professes to be interested in.’
The story is being prepared by RTÉ’s business editor David Murphy, the court heard.
The story was due to be broadcast by RTÉ News on the evening of Friday, May 1.
But the broadcast was postponed after Mr O’Brien’s lawyers sought an injunction against the national broadcaster. The court bid was first set in motion on April 30.
Following out- of- court talks between lawyers for media magnate Mr O’Brien, RTÉ and IBRC on May 1, the High Court was told an agreement had been reached ‘not to publish or disclose to any third party any information’ the subject matter of the case until yesterday when it came before the court again.
On April 30, two sealed envelopes were handed to Judge Paul Gilligan – one containing a letter from RTÉ to Mr O’Brien notifying him that work was being carried out by its news department on a report.
No exact time for the broadcast was specified.
The second envelope contained a letter written by Mr O’Brien, referring to details of particular sums of money, the court heard. Mr Cush claimed those details were ‘undoubtedly confidential’.
Yesterday, Judge Paul Gilligan, the High Court’s head chancery judge, allocated the case to Judge Donald Binchy to be heard in full.
The case continues before Judge Binchy.