Persona Grata

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From top: Senior Counsel for Denis O’Brien, Jim O’Callaghan (right), at Dublin Castle for the  Moriarty Tribunal in 2010 and Denis O’Brien

Mark Tighe, in The Sunday Times at the weekend, reported that Persona – which is suing the State and Denis O’Brien over the awarding of the mobile phone licence to the businessman in 1996 – has been allowed a “leapfrog appeal” to the Supreme Court.

It follows the High Court ruling in April that Persona – run by Tony Boyle and Michael McGinley – could not use funds from a third party, Harbour Litigation, to fund its case.

Mr Tighe reported:

The High Court ruled that Harbour had no direct interest in the case so its funding of Persona would breach the laws of champerty, a criminal offence.

Both the state and O’Brien opposed Persona’s attempt to appeal directly to the Supreme Court.

In O’Brien’s legal submission, signed by two senior counsel including Jim O’Callaghan, Fianna Fail’s spokesman on justice, it was denied that Boyle and McGinley needed financial assistance to run the case.

… Since the Court of Appeal was established in 2014 to handle a backlog of appeals from the High Court, the Supreme Court has restricted direct appeals to only those issues of “public importance” and cases with “exceptional circumstances”.

The state had argued Persona’s appeal did not concern a matter of general public importance.

Both O’Brien and the state also argued there was no urgency to the case, which involves allegations that Michael Lowry, as communications minister, improperly awarded the licence to O’Brien’s consortium 20 years ago.

In its determination the Supreme Court, comprising the chief justice Susan Denham, William McKechnie and Elizabeth Dunne, said in light of constitutional principles of access to the court and access to justice, they considered Persona raised issues of general public importance.

“This application is one where there is in essence a single legal issue of general public importance which transcends the interests of the parties before the court in these proceedings, namely the application of the doctrines of maintenance and champerty,” it said.

“As the application may involve the issue of access to justice, and access to the courts, it is a matter of significant importance. The court is satisfied it is a case where leave to appeal may be granted from the Court of Appeal.”

… The Persona appeal will now go into a case management process before the formal Supreme Court hearing.

O’Brien case leaps to Supreme Court (The Sunday Times)

Pics: Laura Hutton/Sasko Lazarov (Rollingnews)

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16 thoughts on “Persona Grata

  1. Tish Mahorey

    “The state had argued Persona’s appeal did not concern a matter of general public importance.”

    Oh yes it most certainly does. It involved a public tender and a potential financial loss to the state. It is of central importance to the conduct of state business on behalf of the citizens.

  2. perricrisptayto

    Nice work if you can get it.
    That’s Ms O’Callaghans Bro,no?
    Wonder will she ask Dinny onto the show.

  3. classter

    Is O’Callaghan really acting for O’Brien while simultaneously being FF’s spokesman on Justice?

    Really?

    Surely you give up your barristering when you’re elected to the Dail?

    Or was he SC in the past only?

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