Monday, January 19, 2009

ITP attempt to gag High Court case

Ryanair yesterday rejected a request from the Irish Takeover Panel that the airline's High Court action against the ITP be held 'in camera'. This highly unusual request should it be approved, would exclude members of the public and press with media reports being curtailed. 
Last week, public broadcaster RTE planned a live televised debate on the proposed Ryanair takeover of Aer Lingus with Ryanair CEO Michael O'Leary and Aer Lingus Chief Executive Dermot Mannion. The debate was cancelled when the ITP wrote to RTE stating that the debate would have breached guidelines on takeovers. On Friday, Ryanair were granted a High Court review of the ITP's decision which was to be heard lunchtime today.
On Friday the ITP through it's legal advisers Mason Hayes Curran, wrote to Ryanair asking it to agree that the High Court proceedings be heard in private and asking Ryanair not to publicise the content of the proceedings. 
Ryanair's legal advisers AL Goodbody wrote back to the ITP rejecting both requests.
In an affadavit for the High Court case, Michael O'Leary said that the ban was 'disproportionate, unreasonable and discriminatory', adding that the Takeover Panel's assertion that the ban was necessary to ensure equal treatment of both parties was 'impossible to reconcile' since both Chief Executives had voluntarily agreed to appear on the program.
Speaking yesterday, Mr. O'Leary said that the airline would be opposing the in camera application 'for everything we're worth'.
When the matter came before Justice O'Neill today he said that he would leave the matter of the camera issue until both sides had prepared written submissions by Wednesday of this week. The hearing on the judicial review will be heard the following day on Thursday.
The court heard that Aer Lingus were neutral on the issue with RTE stating that it did not wish to participate in the proceedings unless ordered to do so by the Court.

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