Furious anonymity bid revealed in Ansbacher saga

DETAILS of a furious legal battle by Ansbacher depositors to prevent their names being published have been uncovered for the first time.

Solicitors representing two clients of the offshore banking scheme wrote to Tánaiste Mary Harney demanding they have access to files related to the investigation.

In a flurry of legal correspondence in late December 2001 between solicitors firm McCann Fitzgerald and Ms Harney's office last December, the lawyers set a deadline of seven days to obtain the information. The solicitors said the Ansbacher report may contain adverse findings against their clients and wanted all relevant information from the Tánaiste to help them in challenging the plans to finalise the inspector's report into the banking scheme.

The two clients, and others named in the reports, were ultimately unsuccessful in a High Court bid to prevent the report being published earlier this month.

One letter sent from McCann Fitzgerald to the Tánaiste on December 6 read: "We believe that [under] a proper interpretation of the rules of the superior courts ... our clients are entitled to have us inspect the material referred to. We therefore now call upon you to produce this material to us.

"We have to treat this matter as urgent and to request your reply within seven days of the date of delivery of this letter."

The correspondence, released to the Irish Examiner under the Freedom of Information Act, shows that after seeking legal advice from the Attorney General, Ms Harney's office insisted it had no responsibility in the area and would not release the information.

Officials on behalf of Ms Harney said any relevant information used in the investigation was a matter for the inspectors and the courts alone and the Minister had no function in the matter.

In further correspondence, the solicitors replied that they did not accept that it was a matter solely for the inspectors and insisted it was clear that the Minister was responsible when it came to a decision to release information to their clients.

McCann Fitzgerald solicitors went on to formally request the Minister to communicate with the inspectors to clarify who was responsible or, if agreement could not be reached, both parties should go to the court to establish who should permit access to the materials.

The Minister's office responded that the inspectors were independent officers of the court and the Tánaiste had no power or control over their conduct of the investigation.