Appeal against costs decision expected to go to full hearing

The report makes a passing reference to the legal action it took against Colm Keena and Geraldine Kennedy of The Irish Times …

The report makes a passing reference to the legal action it took against Colm Keena and Geraldine Kennedy of The Irish Times over the publication of a news report into its investigation of Bertie Ahern’s finances in the autumn of 2006.

The Supreme Court decided in the newspaper’s favour in July 2009 but in November of that year it awarded costs against The Irish Times because of the circumstances in which leaked confidential tribunal documents had been destroyed.

The costs are believed to be in the region of €500,000.

The Irish Times appealed the decision to the European Court of Justice in August, 2010, and a decision is expected next year.

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The European Court may make its decision based on written legal submissions made on behalf of the State and The Irish Times or it may opt for a full hearing. Legal experts expect a full hearing because of the complex issues involved.

The tribunal has not pressed its claim to have the costs paid immediately but has indicated a willingness to await the resolution of the case by the European Court.