Judge criticises Anglo claiming privilege over documents
A High Court judge has called on Anglo Irish Bank's bosses to consider with urgency whether the institution should be claiming legal privilege over certain documents seized from its offices.
Mr Justice Peter Kelly said it seemed extraordinary that a State-owned body was claiming privilege in an investigation by a State officer, the Director of Corporate Enforcement.
Lawyers for the Director of Corporate Enforcement today said his staff are now trawling through several million emails seized from Anglo Irish Bank offices last year and need more time to do so.
Senior Counsel Paul O'Higgins said it was like walking through a 'minefield' as the investigators have to separate out documents over which Anglo is claiming legal profession privilege.
That means that the bank received legal advice that certain documents ought not to be disclosed to the Director.
Although the bank is entitled to do so, Mr Justice Kelly today said it was creating an impediment that may further delay what was a very extensive investigation.
Justice Kelly has now asked Anglo to address the issue at the highest level before lawyers on both sides return to his court in a fortnight's time.
