Bertie Ahern in the High Court

 Posted by on April 1, 2008  Add comments
Apr 012008
 

Sometimes, things just don’t add up, but you can’t quite work out why. That’s the way Bertie’s High Court challenge has affected me, and I’ve had to agonise over it for a couple of months, but I think I have it clear in my mind now.

Let’s recap.

Bertie gave an affidavit of discovery, in which he swore that he had listed all the information relevant to the Tribunal’s inquiries.

Fine.

However, he also told the Dáil about other material, which he had not included in the affidavit. To put it another way, he informed the Dáil that he hadn’t given the Tribunal the full facts in his sworn affidavit of discovery.

What the fuck? said the Tribunal. Come back here Ahern you lying bastard and tell us about all this other stuff you said in the Dáil!

No, I won’t, said Bertie. Whatever I tell the Dáil is protected by parliamentary privilege. You can’t question me on it.


So there you have it. Bertie’s right, isn’t he? They can’t question him on it.

Well no, actually.

Though I’m not a lawyer, the answer seems perfectly plain to me. The Tribunal isn’t questioning him on his statement to the Dáil. It’s taking that statement as read, and treating it as public domain factual information, endorsed by Bertie himself.

Using that public domain information as the baseline, they want to question him further on what he told the Tribunal and I can’t see how he could legitimately challenge that.

Then again, I might be looking at it too logically. As I said, I’m not a lawyer.

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Update: RTÉ are reporting that the Tribunal lawyers have withdrawn their argument about questioning Bertie on his Dáil statements.  Good.  It looks like I was right and they’ve seen reason.  They have no need to question him on anything he said in the Dáil when they can question him on what he said to the Tribunal, using his Dáil statements for corroboration.

Bock’s analysis is thoroughly vindicated.  Why don’t they just hire me at a million euros a day and forget about all these expensive lawyers?  You know it makes sense.

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Previously:

Bertie Ahern Goes To Court

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  6 Responses to “Bertie Ahern in the High Court”

Comments (6)
  1.  

    Fintan O’Toole was on Newstalk this morning with the very same point. I only got the gist of this but he said that the tribunal is PART of the Oireachtas and, therefore, entitled to question statements that Bertie Ahern made in the Dail.

  2.  

    So, could he, like, admit to a murder or something while he’s in the Dáil, and then claim privilege? That’s way cool!

  3.  

    All I can say, Darwin, is that if Fintan O’Toole’s conjecture is reliable then Bertie could admit to the genocide of Ireland’s Mexican minority in the Dail, the tribunal could legitimately question his Dail comments…and RECOMMEND prosecution. OMG, I’ll bet Bertie is terrified that they RECOMMEND something. Does anyone recall the DPP throwing out a case against Patrick Gallagher (with no obligation to explain why) that might’ve embarassed Haughey? There will be no pesky kids unmasking the bad guy when it comes to Bertie Ahern.

  4.  

    I think that “his nibs” is well past his expiry date and i think that him and his henchmen are the only ones who don’t seem to know about it.
    No matter what happens in the Mahon tribunal there is not now any way for him to have any creditability
    . He is a crook and everyone knows it. I will not be shedding any tears when he goes either.. his nibs didn’t lose any sleep for the 360 people who died on waiting lists or the 57 people who died on the streets (2006 stat i think).

  5.  

    Yeah, Darwin. He could, like, totally gross you out, and he’s there: I, like, so did it it and the cops are like Well, hello! Duh!

  6.  

    I believe too that the Tribunal can ask, and EXPECT answers on statements made by Bertie. The Tribunal has to be regarded as an arm of the Dail !

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