O'Brien's lawyers say RTE application 'too clever by half'

RTE has told the High Court that Denis O’Brien is hanging a 'Sword of Damocles' over the entire media by seeking to maintain a court order which prevents the broadcast of his private bank details with IBRC.

Lawyers for the State broadcaster told the court that the injunction granted last month has been rendered "pointless" by comments in the Dáil last night, and it should now be discharged.

Mr Justice Donald Binchy will give his decision on the matter on Friday.

Last month, the High Court granted an injunction preventing RTE and other media outlets from broadcasting details of businessman Denis O’Brien’s private banking arrangements with IBRC.

In court this morning, RTE argued that comments in the Dáil last night meant the injunction has "long since passed the point at which it becomes pointless", with senior counsel David Holland telling the court the injunction’s sole effect was "to chill the media".

He said that Mr O’Brien should not be allowed to hold a 'Sword of Damocles' over the head of the entire media, and RTE in particular.

In response, senior counsel Michael Cush for Denis O’Brien said the application for a discharge was "too clever by half".

He said his client would not seek to maintain the order over information which entered the public domain last night, but said it should still cover other information in RTE’s possession which it has refused to disclose.

IBRC meanwhile argued that its legal advice relating to Mr O’Brien cannot and should not be published.

Judge Donald Binchy has said he will give a decision on the matter on Friday.