Former Rehab Group chief executive Angela Kerins may apply to cross-examine members of the Dáil Public Accounts Committee in her forthcoming court action over its conduct of public hearings about the handling of State payments to the charity, the Court of Appeal heard on Monday.
The three-judge appeal court reserved judgment on the PAC’s appeal against various High Court orders directing it to give certain documents to Ms Kerins for her action alleging a “witch-hunt” against her by the committee.
Orders and damages
In her action, Ms Kerins wants orders and damages on foot of claims the PAC conducted itself unlawfully, showed bias towards her, acted outside its remit, and was guilty of misfeasance in public office. She claims its action caused her distress and injury to her health.
The committee denies her claims and maintains it was entitled to question Ms Kerins in circumstances where 81 per cent of the charity’s income in Ireland was provided by the State.
The committee has a “vital role” in overseeing public expenditure and cannot be sued for damages over matters uttered under privilege, Paul Gallagher SC, for the PAC, said when presenting its appeal.
Seven hours
The appeal heard Ms Kerins appeared for seven hours before the committee on February 27th, 2014. Her lawyers said she could not attend a resumed hearing on April 10th that year due to ill health.
In his arguments, Mr Gallagher said Ms Kerins’s case raised objective legal issues that could be determined on foot of the transcripts of the PAC public hearings and without the other documents sought by her in pursuit of a “fishing exercise”.
Opposing the appeal, John Rogers SC, for Ms Kerins, said Ms Kerins was “ballyragged” over seven hours.
