The Minister’s mode of expression is a “first strike” in a blame game where the Minister’s antagonists are weak and disparate and their work is obscure to most citizens.
Sure, he was independent of the judge, but whose spokesperson was he?
There are some charges you just can’t beat; being a pig must be one.
So, that’s what we need lawyers for; to write the pleadings and affidavits of the litigants and to make sense of the world.
This is the body that ensures that Ireland has no provision for launching class actions;
Ireland is a small place; we should be temperate in our comments because we may offend where no offence is meant and our reduced “degrees of separation” makes the comment fester.
We don’t know. The reason we don’t know is that it has not been considered. The question is not one of fact; it is an issue to be decided by Irish society. Irish society has decided the issue already and that is reflected in the status quo. The status quo is this; a civil trial in Ireland is a contest and counsel for the parties will and does decide what and how much evidence should be adduced in a trial.
Sometimes, counsel’s opinion is just plain wrong. Of course, sometimes clients get what they insist on having.
Even so, we should not forget that Taoiseach Brian Cowen and Minister for Finance Brian Lenihan are both lawyers (and it doesn’t get more centralised than where they are) and there is, or was, (this writer thinks) no checklist in the world that would have prevented them from wrecking the Irish economy.
Real justice would recognise the inequality of arms in this struggle. The formal equality of litigants is often illusory. Lawyers know this and act accordingly.