The Revenue Commissioners and the Director of Corporate Enforcement will seek access to all documents gathered by the inspectors into Ansbacher Cayman, the High Court heard yesterday.
It is the "firm intention" of the Minister for Justice to seek the multi-million euro cost of the inspectors' investigation from parties identified in the Ansbacher Cayman report, the president of the High Court, Mr Justice Finnegan, was also told. He gave leave to bring a motion on the costs issue in two weeks.
Mr Justice Finnegan also decided that all documents gathered by the inspectors are to be indexed into privileged and non-privileged material and will be held by the Courts Service.
Anyone seeking access to any of this material must apply to the High Court and must advertise their intention to apply in advance, by means to be decided, he said. This would enable parties with an interest in the material sought to be put on notice on the application.
Both the Director of Corporate Enforcement and the Revenue Commissioners, through counsel, said they would be seeking access to documents. Mr Eoghan Fitzsimons SC, for the DCE, said they would be seeking access to all documents, including those not included in the inspector's lengthy report and suggested a motion should be brought to that effect.
Counsel said there may have been people investigated but not included in the report for the inspectors' own good reasons.
Mr James Connolly SC, for the Revenue, said his clients were under a severe financial disability because of how the affairs of Ansbacher Cayman had been operated and also wanted access to the documents.
Mr Shane Murphy SC, for the inspectors, said this was a whole new area and the inspectors were concerned that the issues arising may be of broader application. The Attorney General should be involved to deal with any public interest issues that might arise.
On the costs of the Ansbacher investigation, Mr Gerard Hogan SC, for the Minister for Justice, said while the Minister was liable for the investigation's costs, he intended to seek those costs from the parties involved "with despatch". The Minister would need some time, not a great deal, to identify those parties from whom he would be seeking costs.
Mr Justice Finnegan said the Minister could bring a motion on costs in two weeks. The judge said the matter was complex and there was an issue of whether there was power under the Companies Acts to make a costs order against individuals as opposed to corporate bodies. However, he would permit the Minister to bring a motion against any party from whom he sought to recover costs.
Following yesterday's hearing, the inspectors' extensive documentation will be indexed so privileged and non-privileged material can be differentiated and parties seeking access to documents will have to apply to the High Court.
Earlier, Mr John Gordon SC for Ansbacher Cayman said the bank did not object to the Courts Service storing the documents.
Also yesterday, Mr Fitzsimons said the director wanted the court to consider that the solicitor to the inspectors should stay in office to assist in any future court application. The court had jurisdiction to direct possible further inquiries and further investigations, he said.
