Case against news firm is like a ‘Chinese opera’

THE judge handling a High Court bid by the Director of Corporate Enforcement to send inspectors into Independent News & Media (INM) has said he does not know everything going on behind the scenes.

Mr Justice Peter Kelly has already put the case on hold until May while INM takes a court case aimed at stopping the bid to send in inspectors.

Yesterday, Judge Kelly said that if INM’s bid fails on May 9 then the ODCE’s case will restart ‘within 48 hours’ of that.

Director of Corporate Enforcement Ian Drennan has been investigating INM after an alleged data breach.

Just over a week ago, he took the media group, which publishes the Irish Independent, The Herald and other titles, to the High Court.

Mr Justice Kelly yesterday told lawyers in the case: ‘This is all like a Chinese opera being discussed between the director [ODCE] and others, unknown to me and unknown to you.’

Lawyers for a number of interested parties yesterday asked the court for access to key court documents following ‘an extraordinary amount of publicity’ about the case, which has referred to affidavits from the ODCE.

Judge Kelly approved the release of certain documents in principle – a 66-page extract from Mr Drennan’s affidavit ‘dealing exclusively with the data interrogation matter’ – but warned there may have to be ‘a certain amount of editing of affidavits’ before they can be made available as requested.

Mr Drennan agreed to lodge no objection to the release of certain documents to individuals even though they have no ‘legal entitlement’ to the documents, the court heard.

Neil Steen SC, for the ODCE, said any documents being released to the interested parties will be handed over on certain conditions.