Former Rehab Chief ExecutiveAngela Kerins leaving the High Court last September
The three judge court ruled today, as a result of the absolute privilege provided by the Constitution for Oireachtas proceedings, the courts have no power to intervene in relation to how those hearings were conducted.
The President of the High Court, Mr Justice Peter Kelly, said while the claim was couched in highly jurisdictional claims, the issue of jurisdiction does not properly arise.
Ms Kerins claimed the utterances by the PAC members that she complained of amounted to some form of adjudication or determination when, in reality, those were just expressions of opinion by the PAC members which were devoid of any legal force.
Because these were no more than utterances, that ousted the court’s jurisdiction in this matter, he said.
“The Constitution guarantees freedom of speech in parliament, not to protect parliament, but the democratic process in itself,” he said.
For the legal nerds: Court confirmed Article 15.13 of Consitution has effect of “ousting the court’s jurisdiction” re Dail utterances.
— Orla O’Donnell (@Orlaodo) January 31, 2017
Businessman Denis O’Brien’s action over statements made by two TDs in the Dáil about his banking affairs has concluded at the High Court with judgment reserved.
Ms Justice Una Ní Raifeartaigh reserved judgment until the new year and said she would not finalise her decision until the High Court rules on the separate case of former Rehab chief executive Angela Kerins.
Previously: Angela Kerins on Broadsheet.ie
A statement released by Eames Solicitors on behalf of Angela Kerins.
Via Tom Lyons