No legal costs for witnesses called in Ansbacher probe

Witnesses called for interview by the inspectors investigating the Ansbacher deposits are not being allowed legal costs.

Solicitors representing one person called before the inspectors sought costs but were refused following consultation with the Department of Enterprise, Trade and Employment.

Documentation on the application was released following a request under the Freedom of Information Act, though the witness's name was withheld.

Mr Paul Appleby, a principal officer with the Department, wrote back to Mr Hugh Millar, of Crowley Millar solicitors, in February stating there was no obligation on the State to pay the legal expenses of persons appearing before the inspectors.

"There is no entitlement under the Constitution or under statute for such persons to be afforded the means of discharging the legal fees associated with their attendance.

"In any case, where such persons choose to be legally represented, the associated legal costs are a matter for discharge by them."

Mr Appleby also wanted to confirm that the solicitor's client was obliged under section 10 of the Companies Act, 1990, to attend before the inspectors and to assist them with their Ansbacher Cayman inquiry.

The Department sought assistance from Mr Gerry Ryan, the authorised officer who investigated Ansbacher Cayman before the appointment of inspectors by the High Court.

Mr Ryan wrote that on "each occasion" the unidentified person appeared before him, the person was accompanied by a solicitor.

The issue of costs was not raised.

But costs were raised by another, unidentified person called before Mr Ryan and who came accompanied by a solicitor. "I indicated that in my view any application for costs would not be entertained."

Mr Ryan, in his report which was submitted to the High Court when the appointment of the inspectors was being sought, identified the persons capable of acting on behalf of Ansbacher Cayman in this jurisdiction as the late Mr Des Traynor, Mr Padraig Collery and Ms Joan Williams.

Ms Williams is being represented at the Moriarty Tribunal by Mr Millar. She was secretary to Mr Traynor but is now retired.