The High Court has granted an injunction against the Master of the High Court, Edmund Honohan, following his decision to refer papers on a case to the DPP for a perjury investigation.
Master Honohan, who deals with procedural and other matters relating to cases on their way to a full judge of the High Court, last month told lawyers for AIB he was going to refer papers, in a case brought by the bank, to the DPP for a perjury investigation. It related to the contents of an affidavit sworn by an AIB official.
Yesterday, Mr Justice Michael Peart granted AIB an interim injunction preventing Master Honohan from acting on his DPP referral decision before the matter comes back before the court later this month.
The judge granted the application, made with only AIB represented, also allowing the bank to seek a wider declaration that the Master has no power under court rules to inquire into the substantive merits of affidavits before him.
Counsel for AIB, Rossa Fanning BL, said the matter concerned a case being brought the by bank against a solicitor, Angela Farrell, over alleged non-compliance with undertakings she gave to the bank in her professional capacity.
On May 14, Master Honohan refused to transfer a special summons brought by AIB against Ms Farrell for hearing in the main judge’s list of the High Court. He also said he was referring the papers to the DPP for alleged perjury.
Mr Fanning said when the Master was challenged as to his jurisdiction for doing so, Mr Honahan said he was doing it in his capacity as a private citizen.
Mr Justice Peart said papers in the matter could be served on the Chief Registrar of the High Court who will be in a position to get them to the Master.
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