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Dublin: 10 °C Thursday 23 May, 2013

Supreme Court rejects TDs application to join promissory note challenge

Five Deputies applied to join businessman David Hall’s challenge to the payment of promissory notes, saying it was in the public interest for the case to go ahead.

Image: Sam Boal/Photocall Ireland

THE SUPREME COURT has rejected an application by five TDs to join businessman David Hall in his challenge against the Government’s payment of promissory notes in favour of the former Anglo Irish Bank and other institutions.

Deputies Clare Daly, Luke Flanagan, Joan Collins, Mick Wallace and Catherine Murphy all applied to join the challenge after Hall was told he had no legal standing to take the case as he is not TD. The five TDs declared it was in the public interest for them to join.

Today, the court heard that a €25m payment is to be made to EBS in June, RTÉ News reports.

However, the three-judge Supreme court ruled that there was no basis for the deputies to be joined to the appeal.

The ruling does not prevent the five TDs from mounting their own legal challenge to the payments.

Read: Supreme Court adjourns promissory note appeal as TDs seek to join case

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Comments (92 Comments)

  • Pablo 20/02/13 #

    Step up to the plate Shane Ross, talk time is over

    Reply
  • My mother is very unhappy with that photo :) I don’t event drink!

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  • Ah sure if we don’t bail out the banks who will pay for all the sports they sponsor? Millions in sponsorship going every year to professional sports like Rugby and Football while people are committing suicide from financial stress. Of course the elite need their corporate boxes in all the stadiums – god help them if they had to stand in the terraces. To think the Irish people including the children are paying for their sports and enjoyment is sickening and immoral.

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    • It’s the old roman system …gladiators were always very important to entertain the masses ….Ireland is fundamentally different however because of the G.A.A…….Hurling is the ancient battle training of the Fianna …it is for this reason that it is amateur! ………. duty to kin is a fundamental link among all irish people …it’s our sense of humour that is our achilles heel …but then again there are not too any people laughing now …change is inevitable !

      Reply
  • We are no experts in law and are just normal folk, but one thing we do know this country has been robbed in a massive scam..they know it , and alot of people in this country know it too!! The people of this country need to know the full truth about this scam once and for all !!

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    • I am not an expert either but agree we must know the truth and also remember the act that created the promissory note is what I’m challenging and it still exists , so further bailout or promissory note could be raised with no Dail vote

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    • if I may interject…the irish constitution is very clear on the law …….. the organs of the state glean their very existence from the will of the people …there are very clear rules as regards how the country should be run….it is the very bedrock of society!………..
      it was written by a genius ….. there is one blatant flaw and it was exposed by the end of the cowen government …..how to remove a government that has ran amok…… …the traditional way to deal with this has been to march…… as in Bulgaria today……..
      I like to think that the few issues regarding this issue could and only will be dealt with in this the digital age ….
      I am not an expert either but I can read …………. and I am not prepared to accept some mumbo jumbo from dail eireann…. those days are gone like the dinosaur ………..In a way I feel sorry for the old men of Dail eirreann ..in a way they exist inside a cocoon …… I have little sympathy however for those new T.D.’S who will not , as I see it, do the right thing!…. the media and it’s regular darlings have alot to answer for but that is hanging too!

      Reply
  • Won’t know if he doesn’t try!

    With so much at stake it’s well worth the risk!!

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    • The real issue for this hurler on the ditch is that he doesn’t want to risk the cost of a High Court challenge. Watch him slinking away now as is usual for this individual.
      As long as he remains up in the Daily gallery on a perch like a hungry vulture, he can whinge and whinge but when push comes to shove he’s gone!

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    • Richard ….. why would a judge have to pay for a high court challenge? …are there judges joining this case too ? And if they are in the dail gallery who’s running the legal system? That’s an awful thing to say about our hurlers on the ditch! …they’re judges appointed by the taoiseach …I thought you would have some respect for that alone! ……

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  • Sad to say that our legal system functions to hand out light sentences to child rapists , until a judge is shamed into changing his mind ; to uphold the rights of vulnerable multi millionaires like Dobby to seek punishments against anyone saying nasty , nasty things about them ; to grind so , so slowly over “complex and detailed” issues long enough so we will all get inflicted with amnesia before seanie and fingers ever see the inside of the joy ; and to frustrate David Hall. And us.

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  • Too little way way too late……… and even if this contest began the morning after these prom notes were signed does anyone believe a Judiciary (that’s never been independent) would oppose those with their hands on the purse strings? My fellow citizens, we’ve been shafted…. quite royally! We’ve quite literally become the manifestation of the gormless illiterate parochials once portrayed by a previous rather more blatant thief to our shores. And here I was thinking the kids had grown up!

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    • don’t loose heart …the most important issue with regards this case is not the result but the way the judicary handle the case ! …That’s the real issue ….. If they back the government then fair enough …… that’s their choice ..that’s their bet as it were ….. but the queens horse fell yards from the finish line …always remember that !

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  • It is an issue of locus standi. David Hall, despite his excellent and principled intentions, does not have the special individual interest required to justify his challenge. The Rules of the Superior Courts do not permit late addition of applicants. The Appeal was the wrong stage.

    The problem for the TDs is that if they start fresh proceedings, it may be too late.

    I happen to agree that David Hall’s challenge is well founded in substantive law but the lack of locus standing was unfortunate.

    We have no public interest type challenge mechanism.

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  • Enda Kenny spoke yesterday of a historic Ireland where women were treated as slaves, David Hall’s case shows the standing of the indiividual has really changed litte. In Ireland 2013 to be a citizen of Ireland is not enough!

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  • Shane Ross is a joke , only interested in another book ( and I’m sure he’s takes the full tax credit for ) talks the talk but doesn’t walk the walk.

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  • I read a longer report on this …..I totally disagree with the first ruling of the high court so in a way to me this appeal is irrelevant …what is important is that the T.D.’S have a chance to go to court themselves ……if they set up a fund to fight the case I will donate ….
    And for those of you who have bought the “deal” .,hook line and sinker …read article 15.4.

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  • Here’s a link to the dismissal of TDs joining appeal: http://courts.ie/Judgments.nsf/597645521f07ac9a80256ef30048ca52/E51DC2C36AE8FF9B80257B18005A490B?opendocument

    Does anyone know if David Hall has a date for his appeal on the locus standi thing?

    Reply
  • Our courts are now even under the thumbs of the Euro gangster cabal….they will stop at nothing !! Our generation knows nothing about what our past generation went through to free us from tyranny , we are lambs to the slaughter unless people open their fu**** eyes fairly fast !!!

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    • Its the highest court in the land and I think its highly improper for anybody to suggest they are told how to rule or influenced by anybody in the background.

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    • It was also improper for Bertie to tell people who turned out to be right to go and commit suicide …but such is life! this is not about traditional “standings in the community” , this is not about our children even …this is about our grandchildren for God’s sake !

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  • Johnathan Biskalero – the Govt of B Cowen and E Kenny (wihtout our approval thru dail TD whoe responsibility it is to look after teh central fund) signed up to an laon agreement wiht the EU and IMF and for 67 Billion euro (52 billion drawn down (like u getting your laon to pay for your hosue) a conditon of whihc was and remain that WE PEOPLE CAPITALISE TEH BANKING SYSTEM INCLUDING MAY I ADD THE IBRC. See statement of deal on dept of finance website dated 28 11 10.

    We U and I and families and future generations CAPITALISAE BANKING SYSTEM (NOW IT DOES NOT MATTER TWO whits whetr thye can lend borrow look after deposits ) we CAPITALISE THE BANKS and the loan to deposit ratios are sent out in the Memo of Understanding dated 17 5 11 alos on webiste.

    And they say exceptionla circumstances I say they are very exceptionla ecept that the proceedigns should have been under art 29 5 2 – no intnl agreement is legally binding on this state invovling a charge on public funds unless TERMS (in this case memo of understanding) approved by dail eireann.

    U see mine is about legality of INTERNATIONAL LOAN AGREEMETNS – A Merjel doesnto have to worry if the Cr Instituons stabilisations act is unconstituional – all she has to say is go and fix it ti the dail and govt. But she will be worried if her little agreement is not valid.

    PS TELL YOUR LOCAL TDS.

    They are the only one who can call the govt to produce that memo into dail for its approval. By the way anor bank to be capitalsied in it is IBRC – see if they approve that? Cse they wont and nor do I but then whats stopping them form doing it – or is that may be other banks are in a bit of a state to. ie cant comply wiht Loan to deosit rations. This all may seem accademic of course until intnl markets start saying no to lending to ireland or banks or interest rate too hight thus forcing ireland back to eu fro mroe money on same terms – we cap banks. NOT ONE OF THEM MERGED except of course all INBS himelons given to Angl Irish BANK

    By the way ut of the 52 Billion drawn down in 2011 2,3 billion hnaded over to Ir Life and Permanent and anor 1.3 billion ot ir life – sold for 1.3 billion and M Noonan has audactity to get on aireaves and talk deal for taxpayer,

    Log inot Dept of Finances website and drwa up end of year exchequer statement for 11 and 12 – FIGS ALL THERE.

    Reply
  • “you told me this case was going to prove that the promissory notes were illegal ” Norman you do know the law favours the cabal of gangsters because they write the laws.. Lol…..dear god man step back and have little think for yourself for Jesus sake , wake the hell up and have a strong coffee for yourself

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  • I see Clare Daly, Luke Flanagan, Joan Collins, Mick Wallace and Catherine Murphy mouthing off again. Do they ever shut up. I’m sick of listening to them.

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    • At least they are something westmeath!!! i see you got the anti-debate , anti-democracy bug too…lol you will be voting for Fianna Fail so in the next election right ?

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    • Turn off your tv and radio sorted.

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    • I vote for Fianna Fail? LOL. you are deluded if you think i would vote back in that shower.

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    • @norman- you told me this case was going to prove that the promissory notes were illegal and the sky would fall down on the Government. Most insistent, you were. How’s that train of thought working out for you? Ready to admit you we’re wrong?

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    • @Westmeath well there is only one party left westmeath…and that is the current group of agents for the European cabal !! Fianna Fail, Fianna Gael are two heads from the same body including Labour….Sinn Fein in fairness are at least showing some balls with the independents to tell the Irish people the REAL story but of course we are a moronic two party population that are two scared to vote elsewhere. This not helped by RTE and the other so called FREE MEDIA outlets that spew out mindless arguments that are neither here nor there , what i am trying to say is that that have us all by the balls and they know it very well.

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    • Vincent telling lies again i see ?keep it up.

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    • vincent did the minister for finance not admit they were illegal?

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    • @Vincent
      In fairness it’s a bit early to tell what way the case will go yet. This was just to see if the 5 TDs could join as appellants.
      I think the Supreme Court still has to hear the appeal on the locus standi issue. If David Hall is found to have legal standing, then it goes back to the High Court, where they will have to rule on the actual arguments he has put forward, rather than unfairly claiming that he has no right to take case.
      It looks like the sky won’t fall on the Governments head, but it still could. If the #promnight “deal” falls and Hall wins his Legal Standing appeal, and his subsequent High Court case (or Supreme Court appeal)…. I guess that’s unlikely though.

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    • I assume Vincent you can provide the link to what i said?,i can and reads nothing like what you claim.

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    • @norman- it’s there in black & white for all to see. You don’t like having to stand over things you said, do you?

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    • @frank- the argument was less about legality or illegality (I’m no constitutional scholar) and more to do with my contention that this case was a monumental waste of time vs Normans assertion that it was a game changer. Ordinarily I’d let something like that go, but Norman has been particularly disingenuous and a bit aggressive on this one so calling him out was the best option, I thought. I’m a petty man, Frank. A petty, petty man.

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    • I have no problem Vincent but i say your taking pr lessons from Dr Goebbels “repeat a lie often enough it becomes truth” but then again FG has a fascist past.Still waiting on the link btw.Google it ,easy down i did.:-)

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    • @norman- by all means paste in the link here. The floor is yours….

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    • a waste of time
      the minister admitted the notes were illegal on tv or radio

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    • I’m waiting, Norman. You said it was easy?

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    • Vincent here you go “Noonan still chasing ‘good deal’ in promissory note talks.” 30/1/13.Would you like the link to where i called you a liar?31/1/13 my name and yours into google easy done.
      Now i’m done with you.

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    • Thought not. It’s ok, Norman. We both knew. Now everyone does. Night now.

      Reply
    • Again your reply idiot!

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    • I am outraged by the out rights lies and misinformation spread by Vincent Dolan. He has intentionally misrepresented the High Court and the Supreme Court decisions. He is so devoted to Fine Gael that he tells blatant lies. Sadly, this comment will be deleted and the mistruths of Vincent Dolan will be preserved.

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    • @Norman- I’m happy for you to call me a liar while proving yourself to be one in black & white in the very same post. There’s nothing quite like incontrovertible evidence. It does expose clowns like you. Thanks a million for the link!

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    • But i didn’t prove myself to be a liar as you well know.Look if you want to keep repeating an untruth i will call you a liar on every thread we meet your choice.

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    • I think the case is pretty clear Vincent. Even here you’re repeating the lie that the court has made a decision on the legality of the promissory notes when you know full well they have taken advantage of a technicality to avoid this. And then you start gloating – exactly what have you to gain from this?

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    • Supporters listen to Frank Cluskey on this one ! …a most astute comment Mr. Cluskey ! well done sir!

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    • @censored- can you not read? Should I break it down into one syllable words for you? Perhaps I should use sock puppets or perhaps evoke the medium of interpretative dance to explain it to you in terms simple enough for you to comprehend. My original point and the one I reemphasised here was that the case was a futile exercise. Nothing was ever going to come from it. It would change nothing. I was right. Whether it was legal or not wasn’t my point. As I said, I’m not a constitutional scholar. Sorry. I know constitutional has alot of syllables in it. That was unkind of me.

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    • @norman- seriously. You do make me laugh. How much do you think I care what you post? I mean really. Seriously. You’re some guy with a picture of a kid on your profile patently with delusions of grandeur but lamentably of limited abilities. I’ll lose little sleep. Thanks though. That idea will give me a chuckle today and get me through the day.

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    • Thanks Jonny
      great to have you aboard, we need all hands to the pump on this one!!!
      David Hall is doing a fantastic job and we as the people need to get behind him.

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  • Why is this Mr Hall on this crusade .. He is a paramedic with no legal qualifications .. Yes he owns Life Line Ambos .. You can bet he has no trouble paying his mortgage !!! All for his own publicity !! Maybe looking to run for FF in next locals !!

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    • Another mindless FG troll.

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    • Siobhan to make these comments you must know David Hall very well.All i see is a man willing to stand up for his fellow man.I know what he has,what have you done to help others?

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    • When a citizen of this country reaches 18 years of age he or she has the right to vote and is also an adult in the eyes of the law…If they come through our education system they may know boyles law, they may know all the laws of geometry, they may know how to interpret shakespearian english …but they are never , never taught the law …why is that do you think …… the old addage of mushrooms being fed horseburgers (couldn’t resist apologies) and kept in the dark/ dole !
      At least Marie Antoinette mentioned cake …what do we get centuries later …..horse …..we’re too educated for horse! ……….. and ironically enough we have Brian Cowen to thank for our first realisation of this ……
      so; no thanks Brian , No thanks enda …we know the truth !

      Reply

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