State may foot bill for Flynn action

RTÉ lawyers have questioned how Independent Mayo TD Beverly Flynn can fund a costly constitutional High Court challenge when she has not paid “a red cent” of a €2.8 million legal bill owed to the national broadcaster.

The station yesterday accused the former Fianna Fáil (FF) deputy of engaging in a “litigious frolic” motivated by her “nakedly self-interested” position.

The claim was made after Ms Flynn’s legal team sought an adjournment of High Court proceedings to have her declared as bankrupt.

RTÉ has brought the bankruptcy application against the politician over her failure to pay a legal bill from her unsuccessful libel case against the station and its chief news correspondent, Charlie Bird, in 2001.

A High Court jury found that Ms Flynn’s reputation had suffered no material damage from RTÉ news reports that stated she had encouraged and assisted clients in tax evasion while working as an official with National Irish Bank. Ms Flynn, 41, was subsequently expelled from FF in 2004.

Recent efforts by RTÉ to enforce payment of the legal bill via the Mayo County Registrar had proven unsuccessful, the High Court was told. It also emerged that €500 interest is being added to the legal bill for each day it remains unpaid.

Cian Ferriter BL, for RTÉ, said the station had not accepted a settlement offer of €590,000 from Ms Flynn because it did not believe she had done all she could to discharge the debt.

The barrister claimed the TD had complete disregard for RTÉ and its licence payers by now attempting “to block the one consequence she seems to most fear” — a reference to the potential loss of her Dáil seat.

Mr Ferriter pointed out that the State and taxpayers would also probably end up having to fund the legal cost of Ms Flynn’s constitutional challenge.

The Mayo TD is seeking to have certain provisions of the Electoral Act 1992 — which compel a TD to stand down if they are a declared bankrupt for a period in excess of six months — deemed unconstitutional.

Gerard Hogan SC for Ms Flynn said she believed the democratic wish of the Mayo electorate to have her as a member of the Dáil should be respected.

He stressed that Ms Flynn’s offer of €590,000 to RTÉ was not made “at the 11th hour” as she had subsequently offered “100% of her capital assets” which was also rejected.

Ms Justice Elizabeth Dunne adjourned the case until July 2.

In the past week, Taoiseach, Bertie Ahern has controversially indicated that Ms Flynn, the daughter of former Fianna Fáil minster and EU Commissioner, Padraig Flynn, could rejoin FF and hold ministerial office once her issues with RTÉ were resolved.

However, the proposal is likely to create further divisions and tension among FF supporters at a local level in Co Mayo after the TD was twice expelled by the party in the past decade.