DPP thought of action against book

THE Director of Public Prosecutions actively considered taking out a High Court injunction last weekend to prevent publication of a book detailing the recollections of disgraced banker Seán FitzPatrick about events which led to the collapse of Anglo Irish Bank.

The Irish Examiner understands that the DPP, James Hamilton, sought the legal advice of senior counsel last Friday after he became aware of the imminent publication of The FitzPatrick Tapes.

The book, which is based on 18 taped interviews conducted over a two-year period with Mr FitzPatrick by journalists Tom Lyons and Brian Carey, was published on Sunday.

It contained potentially explosive new material detailing previously unknown contacts between the former Anglo Irish chairman and Taoiseach Brian Cowen in the months leading up to the bank’s collapse.

However, the DPP ultimately took no action to stop the book’s publication. A spokesperson for the DPP yesterday declined to comment.

It is likely Mr Hamilton was anxious to ascertain if the book’s contents could have prejudiced a potential criminal prosecution of individuals centrally involved in several controversial transactions which disguised the deteriorating financial situation at the beleaguered bank in 2008. It is unclear, however, if the DPP had access to a copy of the book prior to publication.

Penguin Ireland managing director Michael McLoughlin said the decision to bring forward publication of the book by a number of weeks was prompted by comments made in December by Fine Gael leader Enda Kenny and Justice Minister Dermot Ahern that two files on alleged financial irregularities at Anglo Irish Bank had been forwarded to the DPP.

The files relate to the €7.2 billion back-to-back transactions involving Anglo and Irish Life & Permanent as well as the so-called Maple 10 — the ten Anglo customers who agreed to a loan of €450 million to buy the bank’s shares owned by businessman Seán Quinn.

“We would not have been in a position to publish the book, if the DPP had brought charges against anyone,” said Mr McLoughlin.

He said Penguin had received no communication from the office of the DPP.

However, Mr McLoughlin confirmed that Penguin had been contacted last week by Mr FitzPatrick’s legal representatives but declined to comment further on the matter.

Other sources have revealed that Mr FitzPatrick was unhappy with some of the material in the 266-page book and had asked for its publication to be deferred.

The former Anglo Irish chairman had agreed to be interviewed in order to give his “side of the story”.

Mr McLoughlin stressed yesterday that Mr FitzPatrick had received no payment for his role in contributing to the book.