Judgment reserved on orders sought by bank against RTE

Judgment has been reserved on an application by National Irish Bank for orders restraining RTE from using information which the bank claims is confidential.

RTE had opposed the application, submitting that it would prevent it from discharging its statutory obligation to broadcast important information which was in the public interest.

The hearing of the application concluded in the High Court yesterday and Mr Justice Shanley reserved judgment.

NIB has applied for an interlocutory injunction to prevent RTE from publishing what the bank claims is its confidential information.

The bank is also seeking an order directing the station to deliver up all documentation in its possession relating to NIB customer accounts.

On January 30th last the bank obtained an interim injunction against RTE and it is now seeking an interlocutory order which would remain in force pending the outcome of legal proceedings taken by NIB against RTE.

The proceedings relate to the alleged release by RTE of confidential information on the bank and its customers. E obtained the information in circumstances where it knew, or ought to have known, that the information had been released through a breach of confidence. In an affidavit read to the court, RTE's director of news, Mr Edward Mulhall, said that the station had obtained a document entitled "CMI Personal Portfolio" which, he believed, was used by bank officials to explain to prospective investors the advantage of investing in such a portfolio. He claimed that the scheme enabled customers with "sensitive" accounts to put monies beyond the reach of the Revenue and said RTE was satisfied from the information it had that most of the investors who invested in this way did so to evade tax liabilities.

In another affidavit, Mr Grahame Savage, NIB's chief executive, said that the essence of the RTE claim was that NIB had knowingly been involved in tax evasion by its customers and had intentionally acted to facilitate this. NIB had made it clear that it was never its policy to act in such a manner.