THE HIGH COURT BETWEEN: Record No. 201513350? Plaintiff mantis Defendant m' Avrr or DAVID MURPHY 1, DAVID MURPHY, Business Editor of Raidid Teili?s Eireann, of Montrose, follows: Dublin 4, aged eighteen years and upwards, MAKE OATH and say as 1. 1 am the Business Editor of Rsidid Teili?s shears (hereafter tars?), the Defendant, and I make this af?davit for, on behalf of and with the consent of the Defendant from facts within my own knowledge save where otherwise appears and where so otherwise appears I believe these facts to be true and securate. I beg to refer to the proceedings and pleadings herein when produced. I make this af?davit in response to the Plaintiff?s application for interlocutory injunctions by Notice of Motion 'dated 30th April 2015 and to tbe 'g'i?ounding af?davit thereof sworn by the Plainaa? on the 30th April 2015 (heresaer ?the Plaintiff?s af?davit?). I make this. af?davit in articular response to the second af?davit by Denis O?Brien sworn on the 11 May 2015 and the af?davit of Marcus Trench also sworn on the 1"1 May 2015. The af?davit of Marcus Trench sworn on the 11"1 May 2015 4. For the avoidance of doubt, RTE does not assert a public interest in knowledge interest in knowledge of Mr O?Brien?s banking affairs for their own sake. The public interest in question is, for reasons already articulated, speci?c to the affairs of IBRC against the backdrop not merely of state ownership thereof but the circumstances in which it came into being and the part it and its antecedent banks played in national affairs. More speci?cally and against that backdrop, I assert a public interest in the dealings between IBRC and major debtors. No doubt any bank with which Mr O?Brien may deal will be appraised, if the need arises, of the highly unusual circumstances particular to IBRC and the signi?cance of those circumstances in national affairs. It does not appear from his af?davit that Mr Trench has been apprised of the circumstances particular Mr Trench also seems to ignore the fact that many circumstances arise in which, to a greater or lesser degree, con?dential banking arrangements are disclosed to third parties. For example, where one bank is considering lending to a potential borrower it will ordinarily and of prudence demand details of the potential borrower?s indebtedness to other banks. By way of another example, I am advised that discovery of bank accormts is a commonplace in litigation to which banks are not party. I are unaware that such instances generally result in Banks re?ising to deal with the account-holders in question. Insofar as Mr Trench asserts that disclosure of the banking information in question ?could seriously undermine Mr O?Brien?s bargaining position?, I confess to dif?culty understanding how that could be so as to loans current in. 2012/2013 the position as to which has, no doubt, very substantially altered since. The second af?davit by Denis O?Brien sworn on the 11? May 2015 I did not do not suggest that there was any expectation that the loans would not be paid in full. I do not suggest they were not paid in full. Neither do I suggest that, as to any extended eriod of the loans Mr O?Brien did not pay interest in the ordinary way. As to bypassing the credit committee, whether Mr O'Brien su not the point and I never suggested that it was the oint. 12. 13. 14. i""i i'ipenista'Briethds 7 15. I respectfully assert that there remains even in 2015 aweighty public intaest in understanding the past management and gnvernance of IBRC and its 013 -- agreed to conduct a fill] review fur the Minister far Finanee of all large transactions by IERC, which involved a lean Writan of mare than EUR10 million, between 21 January 2009, the date of the nationalisation of IBRC, and February 7th 2013, the date of the of the Special Liqln'datnrs to IBRC. In auntie-icing the terms of reference of that inquiry me Minister messed that the wrnxuission of this review is to serve the public interest. Ihasten to say that 1 do not assert that Mr O'Brien received any loan write off. The public interest is case: same 0 cases - un tending pest management and governance of and its relatiunahips and txansacfinns with major debtors. Further, on 6 May 2015 the Dail debated an opposition metien. inter alia asserting, as to thehistory oleRC prinr to the liquidation, "dissatisfactiun that infizrmarian. obtained through fieedom F01, highlighted that Mariana- and trust between the IRRC and the Secretary General. as well as aficials in the Department of Finance, had broken dawn", The Minister of Finance is the sole shareholder in IBRC. The leader of the oppusition stated: "flare were issues abmu how majar clients were handled such as In the minute nf25 July 2012 ("Exhibit DMS) the relatinnship hetwem IBRC management and Denis O'Brien is expressly addressed in the ear-text of general Mnisterial dissatisfaction with management and IERC management's assurance that its relationship between management and Denis O'Brien is close but not. inaypropriate. 16. I do not seek to dispute or af?rm the Ministerial dissatisfaction or managent?s assertion or indeed any assertion Mr. O?Brien may wish to make or not make in that regard. The role of RTE is to ventilate the facts of these issues of public interest so that the public can consider them. 17. In any event, whether the Department of Finance concerns in 2012 related to Mr. O?Bri speci?cally is not the point. 'Whether or not relating to Mr. O?Brien, the Department?s concerns related to relatiens between IBRC management and major debtors. be no di but that Mr. O?Brien 18. The public role if the press and RTE in particular is not limited to taking an editorial position or drawing conclusions on matters of public interest though there may be circumstances in which that is appropriate. The role of the press is wider; it includes the canvassing and ventilating ofnratters of public interest by way of identifying and contributing to debate on legitimate public concerns so they may be investigated, debated and considered by the body politic. Matters of public interest often must be identi?ed and articulated initially partially, in increments and over time with contributions being made ?om various sources. It is not necessary in order that the public interesth gaged that wrongdoing be asserted particularly at the start of the canvassing of a particular issue of public interest. SWORN by the said DAVID MURPHY this dayof W1 2015a. 9am "Mad in ?Ztrh'egl ounly'v)of before me a ractising Solicitor and I personally know the Deponent or the Deponent has. . who is personally .m -. o'me and who certi?es hisfher pcrso owledge of the Depenent or the id of the deponent has been established me by reference to a containing a photograph of -- - - dawtswaataken.? SOLICITOR - This Af?davit is ?led on behalf of the Defendant by RTE Solicitors? O?ce, Montroso, Dublin 4, this 11?11 day of May 2015. THE HIGH COURT Record No. 2015133501? BETWEEN: DENIS Plaintiff -AND- RAIDIO EIREANN Defendant AFFIDAVIT OF DAVID MURPHY RTE Solicitors? Of?ce Montrose