Kerins appeal to ‘leapfrog’ to Supreme Court

Three judges in the court have allowed the former Rehab Group chief executive to ‘’leapfrog’ the Court of Appeal given the “exceptional circumstances” and public importance issues involved.

At the same time the court will hear an appeal by the PAC against a High Court order mandating that it cover two-thirds of her legal fees as well as a costs appeal by the Attorney General and the State, as both were left to cover their own costs despite mounting a successful defence against the action.

Ms Kerins unsuccessfully sought damages as well as declarations that the PAC had acted unlawfully and was tainted with bias in two 2014 hearings.

She said there had been a “witch-hunt” against her as well as bullying, causing her to attempt suicide.

While the High Court found last year that comments about Ms Kerins damaged her reputation it nevertheless could not intervene as the Constitution does not allow the courts to adjudicate on comments made by TDs and senators in the Oireachtas.

It was ruled this privilege also extended to committee comments.

But this week Chief Justice Susan Denham, Mr Justice Frank Clarke and Ms Justice Iseult O’Malley allowed the appeals to go to the Supreme Court.

The said: “The issues raised include, as a matter of general public importance, the legal safeguards available to witnesses who appear before the PAC in a voluntary capacity.”

They added that “the role, if any, which the court has in protecting such witnesses, in circumstances where there are the important issues of freedom of speech in the legislature, the separation of powers, and the extent to which the court may intervene in the affairs of the legislature”.