Independent TD Mick Wallace appeared on RTÉ’s Prime Time on May 16, 2013, to talk about the penalty points report and the appearance of former Garda Commissioner Martin Callinan at a Public Accounts Committee meeting earlier that day.
During their discussion with presenter, Pat Kenny, Mr Shatter accused Mr Wallace of having been stopped while driving by the gardaí in May 2012 and claimed he benefited from garda discretion.
The Data Protection Commissioner subsequently found Mr Shatter broke the law by disclosing personal information about Mr Wallace on the show.
Mr Shatter’s appeal of this ruling was dismissed this morning.
Mr Wallace said he felt that decision was a good one but that he does expect the former minister to challenge it because “he doesn’t like hearing no, so more than likely it will end up in the High Court,” he said.
He said that when the appeal was on, he had noticed that Mr Shatter’s legal team had been at pains to stress that the former minister had been damaged personally, politically and financially, by the Data Protection Commissioner’s decision, and he was eager that it be overturned for fear that Mr Shatter could be pursued for damages.
Mr Wallace said that if the Judge [Judge Jacqueline Linnane] had found against the Data Protection Commissioner this morning, it would have weakened his (Mr Wallace’s) position in pursuing the matter any further.
However, he said that the statement from Judge Linnane was very strong and he will be taking legal advice now to see how to progress from here but that he is considering pursuing the former minister for damages.