Judgment reserved in NIB appeal

Several account-holders with National Irish Bank have confirmed to RTE that they had certain accounts for the purpose of tax …

Several account-holders with National Irish Bank have confirmed to RTE that they had certain accounts for the purpose of tax evasion, the Supreme Court was told yesterday.

Mr Kevin Feeney SC, for RTE, said the station had a general list of 20 such accounts held under the Clerical Medical Insurance scheme. He said RTE also had general documents identifying the names of six account-holders and confirming the existence of accounts for tax evasion.

Mr Feeney made the disclosures during a Supreme Court appeal by NIB against the High Court's lifting of an order restraining RTE from using confidential information relating to the bank and its customers.

Last week the High Court lifted the injunction after refusing NIB's application for an interlocutory order restraining RTE from using the information pending the determination of legal proceedings.

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Refusing NIB's application, Mr Justice Shanley said RTE unequivocally alleged NIB was complicit in a scheme to enable its customers to evade tax and that the "greater part" of NIB's customers who invested in the scheme did so to evade tax.

It was clear RTE proposed to stand over its allegations, and he was satisfied that in such circumstances he should allow publication of the confidential information.

The proceedings arose out of a letter NIB received from RTE on January 20th saying the station was working on a report on NIB's alleged involvement with Clerical Medical Insurance, a company in the Isle of Man.

The letter claimed RTE had learned in 1996 there was more than $150 million in CMI personal portfolio accounts held at NIB and the initiative for the arrangement with CMI came from NIB's financial services division.

After the High Court refused NIB's application, it appealed to the Supreme Court which continued the injunction until the appeal hearing. That hearing opened before the Supreme Court, presided over by the Chief Justice, Mr Justice Hamilton, yesterday.

The appeal concluded yesterday, and judgment was reserved. The Chief Justice said complex issues were involved, but the court was mindful of the importance of dealing with the matter expeditiously and hoped to give judgment next week.