A Dublin solicitor has lost her High Court challenge to a District Court judge's direction permitting the Minister for Justice, Equality and Law Reform to inspect and/or take copies of the solicitor's client account in AIB.
Ms Teresa Gavin, of Inns Court, Winetavern Street, Dublin, brought proceedings against Judge Gerard Haughton, who was nominated by the Minister to hear an Italian request. She complained that Judge Haughton issued a witness summons to AIB for the purpose of the bank disclosing information about two of her client accounts. She claimed that the accounts were confidential.
Mr Justice Murphy, in a reserved judgment, said that a 26-page fax, dated May 24th 2001, had been sent to Dublin from Italy relating to penal proceedings concerning "Alpha Club SRL - Operation Money Chains".
The sender was an assistant public prosecutor in Turin and the fax related to proceedings against a Dario Bellandina and a Gerard Byrne, who were charged with a number of offences.
The prosecutor had sought information about bank accounts "on which funds from the Alpha Club, Italy" had been deposited and asked that the balance of such accounts be seized.
Ms Gavin last year got leave to apply for orders quashing the summons issued by Judge Haughton, which required an AIB witness to give evidence, and quashing the judge's direction that the Minister could inspect and/or take copies of Ms Gavin's client accounts at AIB, Dame Street, Dublin.
Mr Justice Murphy ruled that Judge Haughton had not acted outside his powers and that he was entitled to make a direction permitting the Minister to inspect and/or take copies of Ms Gavin's client account in AIB. He dismissed the challenge.