Fianna Fail TD Ms Beverly Cooper-Flynn was prepared to meet an RTE claim E that it could justify allegations made in RTE interviews that she advised and induced a retired farmer to evade his tax obligation by investing his money in a particular way, the High Court heard yesterday.
However, Mr Hugh Mohan SC, for the TD, said Ms Cooper-Flynn was not prepared to be "ambushed" through RTE being allowed to question 65 clients of National Irish Bank (NIB) to bolster its case.
Ms Cooper-Flynn is suing RTE for libel over its allegations, which she denies. The TD, described as a former financial services manager with National Irish Bank Financial Services Ltd who is on leave, is also suing RTE journalist Charlie Bird and Mr James Howard, a retired farmer, of Acorn Way, Wheaton Hall, Drogheda, Co Louth.
She alleges that, on six occasions between June and July 1998, words were used in RTE interviews which meant and were understood to mean that she advised and induced Mr Howard to evade tax by investing in a particular way.
RTE has applied to the High Court for the names of 65 NIB clients alleged to have been beneficiaries of a financial investment scheme introduced by Ms Cooper-Flynn.
The court was told that RTE's wished to subpoena the 65 NIB clients identified as having been introduced to, and/or who purchased a financial product, CMI Personal Portfolio, through the introduction of Ms Cooper-Flynn.
Mr Justice Kelly said the question he had to decide was whether the bank's duty of confidentiality to its clients had to give way to RTE's claim of an entitlement to a fair trial.
Mr Mohan said the case his client had to meet concerned claims made by Mr Howard and one or two others mentioned during RTE interviews. However, to allow RTE to interrogate some 60 witnesses would put his client at an unfair disadvantage.
The hearing continues on Tuesday.