From top: Members of Fine Gael Parliamentary Party pose for a ‘family photo’ at the party’s ‘think-in’ in Salthill, County Galway last September; Eamonn Kelly
Well, that’s the Maria Bailey case done and dusted.
Basically Leo Varadkar has asserted that neither Maria Bailey nor Josepha Madigan attempted to make a fraudulent insurance claim, despite the fact that evidence exists on the record that Maria Bailey had signed an affidavit claiming to be unable to run for 6 months and then ran a 10km race three weeks later.
I believe that is by definition a fraudulent claim.
The Taoiseach thinks not, and he referenced “other documents” and “medical records” as supporting evidence for his assertion.But these unfortunately cannot be produced.
So basically, it is a simple assertion by the taoiseach that Maria Bailey and Josepha Madigan have no case to answer.
Here is a key line in the taoiseach’s statement:
“The inquiry concludes that it is unlikely that a court would conclude that she deliberately sought to mislead as other legal documents talk about her running being restricted rather than not being able to run at all.”
What “other documents”?
Given that the entire case has been reduced to a statement by the taoiseach, with all documents pertaining to the inquiry unavailable to the public, is the Fine Gael internal inquiry then, a replacement for the courts, with the taoiseach then empowered to assert what is and isn’t legal, based on evidence he can refer to without having to produce?
What’s going on? Why bother having courts? Why not just ask the taoiseach what he thinks? About everything? It would be cheaper. Because that is basically what has happened here.
Similarly, Minister Madigan is also exonerated in the belief that the courts, given the evidence of documents available to the internal inquiry but not to the public, would also find that there is no case to answer.
So the internal inquiry, namely David Kennedy SC, becomes the mind of the courts; kind of like the pope becoming the mind of God.
“It is unlikely that a court would conclude…” so sayeth the oracle.
And yet elsewhere in the statement the taoiseach and his legal team go to great lengths to minimise the importance of the issue, by claiming that Maria Bailey was not a TD at the time of the alleged fraudulent claim and that Josepha Madigan was a mere backbench TD at the time and not a minister.
So is an allegedly fraudulent claim made by a minster more serious than one made by a backbench TD?
What law is this? Murphy’s law?



















