Willie O'Dea accused by Sunday Tribune

watchingthepols

Michael Clifford - "Roy Behan gave false evidence to preserve his life. Willie O'Dea's false evidence was for a few grubby votes for his acolytes...."




Willie O'Dea: 'In any developed democracy, O'Dea's current position would hardly be tenable'

On 17 October 2007, Roy Behan was sentenced to a year in prison at Limerick Circuit Criminal Court. His crime was perjury. He had witnessed the knifing to death of his best friend Eric Leamy in 2001. He had given a statement to the gardai identifying Liam Keane as the culprit.

Keane's uncle Kieran visited Behan's house armed with a handgun and an offer of 30 grand. Take your pick. Give evidence and get a bullet. Withdraw the statement and accept the 30 grand. Behan didn't take the money, but at Liam Keane's murder trial in 2003, he retracted his statement. He wanted to live.

Judge Carroll Moran accepted the duress under which the 29-year-old was placed. However, the judge said, "perjury and giving false evidence go to the very core of the criminal justice system and the rule of law". The sentence had to reflect what was at stake.

Behan is represented in the national parliament by Willie O'Dea, but the two men live in different worlds. There is a prima facie case that O'Dea has committed perjury. In his case, though, the instruments of state charged with enforcing the rule of law have stalled. Unless something drastic happens, we must conclude that O'Dea is above the same law that demanded such high standards of civic duty from Roy Behan.

Last March, in the run-up to the local elections, O'Dea gave an interview to the Limerick Chronicle. He made serious allegations about the personal conduct of a Sinn Féin candidate, Maurice Quinlivan.

At the time, Quinlivan was believed to be making electoral inroads in the city's Thomondgate and Ballynanty areas, which theretofore had been an O'Dea stronghold.

Quinlivan sued, applying initially for an injuction to prevent O'Dea repeating the falsehood. O'Dea swore an affidavit, which was referred to in the ruling handed down by judge John Cooke.

"The defendant (O'Dea) candidly admits that he did indeed say to the journalist the quoted words "I suppose I am going a bit too far when I say this but I'd like to ask Mr Quinlivan is the brothel still closed?", but he denies "most categorically and emphatically" that he said to Mr Dwane (the reporter) that the plaintiff was the co-owner of the apartment in question."

The application for an injunction was refused. Quinlivan was elected and persisted with his defamation action. A discovery order was served on the newspaper, which handed over the reporter's recorded interview. Therein, contrary to his sworn evidence, Willie could be heard quite clearly alleging Quinlivan was a co-owner of the offending apartment.

On 21 December, O'Dea issued an apology to Quinlivan in the High Court for making false and defamatory statements against him. He also apologised for having denied making such statements the previous April. He paid the councillor's costs and an undisclosed sum of damages.

Quite clearly, the case opens the possibility of O'Dea having committed a serious crime. As part of the settlement, Quinlivan accepted there was no intention on the part of O'Dea to mislead the High Court, so he won't be making a complaint to gardaí. But Quinlivan is not a law enforcement agent.

No investigation has been initiated by gardaí, despite the reporting of what has happened. The DPP has not signalled that he wants an investigation. When Behan was suspected of perjury, a major inquiry was launched by gardaí and DPP, which led to a prosecution.

There are other differences between the situations in which the two men found themselves. Behan gave false evidence to preserve his life. O'Dea's admitted false evidence was in pursuit of a few grubby votes for his acolytes.

There is a serious public interest in pursuing this case. Lying is common in courts up and down the country. There is little fear of ever being prosecuted. And now, with the minister for defence apparently giving false evidence with impunity, the rule of law in courtrooms is destined to be further undermined.

At a political level, the impunity is even more outrageous. In any developed democracy, O'Dea's current position would hardly be tenable. But O'Dea is popular with the Leinster House-based media. There has been no serious inquiry from that quarter. The opposition has also let the matter pass. The only attempt to raise it was from Fine Gael's Eugene Regan in the Seanad, and he was shouted down.

He tried again last Thursday.

"In the United Kingdom, a former Minister, Jonathan Aitken, and Lord Jeffrey Archer were found guilty of perjury in separate libel actions. Here, a sitting Minister, Deputy Willie O'Dea… who by his own admission has lied on oath…

"Since no explanation is forthcoming, if we are to have any standards which are comparable to that applicable in other jurisdictions, the least the Minister of Defence should do is resign from office," he told the Seanad.

There has been no word on the matter from self-styled tough guy, Justice Minister Dermot Ahern. Last year, he felt compelled to water down civil liberties in order to preserve the rule of law. Yet now he has nothing to say about an incident involving a senior law maker that surely undermines the rule of law.

Perhaps Ahern might address the nation on who he deems should be subject to the laws of the land and who is exempt from prosecution. Brian Cowen might also let us know the base standards he employs in assessing the suitability of his ministers to serve.

In a developed democracy, citizens are all deemed to be equal before the law. Banana Republics are more discerning on such matters.

mclifford@tribune.ie

February 14, 2010

http://www.tribune.ie/news/editorial-opinion/article/2010/feb/14/michael-clifford-roy-behan-gave-false-evidence-to-/

nesf

Please stop cutting and pasting Willie O'Dea articles onto here without offering comment. This isn't a site for the mere reprinting of news articles.

watchingthepols

Apologies for not adding comments to my posting.

I cannot understand how the media are down playing this story.

Even The Week in Politics tonight did not allow the panel to discuss the matter, while Senator Regan was shouted down in the Senate when he tried to raise the matter.

nesf

watchingthepols wrote: »

Apologies for not adding comments to my posting.

I cannot understand how the media are down playing this story.

Even The Week in Politics tonight did not allow the panel to discuss the matter, while Senator Regan was shouted down in the Senate when he tried to raise the matter.

I appreciate that you feel strongly about this. Starting multiple threads on the topic every time a new news article comes out isn't a great idea though. Please just limit yourself to a single Willie O'Dea thread and add info to that as it comes up.

watchingthepols

nesf wrote: »

I appreciate that you feel strongly about this. Starting multiple threads on the topic every time a new news article comes out isn't a great idea though. Please just limit yourself to a single Willie O'Dea thread and add info to that as it comes up.

Will do

watchingthepols

This article gives a good summary of events so far in the Willie O'Dea High court scandal

http://eoinodriscoll.wordpress.com/2010/02/15/low-standards-in-high-places/

It also has a video of how Senator Regan was shouted down when he tried to raise the issue in the Senate.

The blogger puts it well when he says

"It is a sad reflection on our times that a man in such a responsible office would committ such an act but we get what we vote for. According to tonight’s “Week in Politics”, Fine Gael will raise the issue next week in the Dáil. Hopefully it will gain some political momentum and O’Dea will be held to account. However, considering the parties involved and the fact that the media seem committed to downplaying the issue, I would think it unlikely that much will happen."

thebaldsoprano

watchingthepols wrote: »

"In the United Kingdom, a former Minister, Jonathan Aitken, and Lord Jeffrey Archer were found guilty of perjury in separate libel actions. Here, a sitting Minister, Deputy Willie O'Dea… who by his own admission has lied on oath…

In fairness, Jeffery Archer's perjury was a lot more contrived and a lot more thought and planning went into it. By the sounds of this, the journalist in question was probably taking advantage of a slip of the tongue by O'Dea to sell a story. At least some thought and planning would have gone into his affidavid though.

In light of what happened to his constituent Roy Behan, the very least that should happen is that he resigns though. This 'one rule for the FF clique, another for the rest of us' needs to go.

Laminations

This will hopefully be dealt with tomorrow in the Dail. I cant see any other way around this but the Ministers resignation.

Having read the transcript of Willie O'Deas allegations and listening to Senator Regan, yes there may not have been as much thought and planningin this perjury but it was still conscious perjury.

As Senator Regan states, it was against the legislation which makes it an offence to lie on oath and it was against the prevention of electoral abuses act which makes it an offence to malign or defame another candidate.

Of course people will still say he is innocent until a court says otherwise. Those people IMHO (ab)use the justice system as a shield for unethical practices in office.

FINGAL FAN

The establishment in this country that make the law - of which O'Dea is an insider- are above the very laws they make . Sadly this is not confined to just this case . Its a sad country.

Biggins

Laminations wrote: »

This will hopefully be dealt with tomorrow in the Dail. I cant see any other way around this but the Ministers resignation.
...Those people IMHO (ab)use the justice system as a shield for unethical practices in office.

Well, we are taking about what political party again?
Resignation? Not a hope in hell. The whole bunch need every bum in Dail seats available.

FINGAL FAN

Laminations wrote: »

This will hopefully be dealt with tomorrow in the Dail. I cant see any other way around this but the Ministers resignation.

This is Irish politics and more important this is the bastion of corruption-FF. No chance of him resigning .

watchingthepols

I was listening to the Willie O'dea issue being debated on the Last Word.

The overwhelming view of those who texted in was, no matter what happens in the Dail tomorrow no action will be taken against Willie. Sadly experience has taught most of us that there is one set of rules for political insiders and another for the rest of us.

Meanwhile, Willie's constituency rival Jan O'Sullivan has demanded answers.

http://www.rte.ie/news/2010/0215/odeaw.html

This is surprising as she is normally unwilling to cross him. Perhaps she smells blood?

watchingthepols

Its all down to the greens now. Do they stand by this typical FF behaviour?

From todays Irish Times.......

"After weeks of pressure from Fine Gael, Minister for Defence Willie O’Dea may attend the Dáil and explain how he happened to make a false statement, in a sworn affidavit, to the High Court last year. But only if Mr Cowen asks him to do so. This is a most serious matter for the Minister. But to appoint the Taoiseach as the effective arbiter of his behaviour complicates the situation considerably and may eventually create friction between the Coalition parties."

http://www.irishtimes.com/newspaper/opinion/2010/0216/1224264551590.html

dunleakelleher

Why isn't a file being prepared by the guards and sent to the DPP. Its a criminal offence. Simple as that.

Liam Byrne

watchingthepols wrote: »

This is surprising as she is normally unwilling to cross him. Perhaps she smells blood?

Or maybe - like the rest of us - she has finally had enough ?

Here's hoping!

John_Mc

This is disgraceful behaviour from an elected official. For shame on the Gardai and DPP as well.

What a f*cked up corrupt country this is

Laminations

From rte.ie

Sinn Féin has called on him to resign over the controversy.
Mr O'Dea is now expected to make a statement in the Dáil at around 8.30pm - Opposition parties are unlikely to be satisfied though as he will not be taking questions from them.

It'll be a pointless waste of time

thebaldsoprano

Laminations wrote: »

It'll be a pointless waste of time

If it turns out to be that and Labour or another party were to table a motion of no confidence, would the Greens support O'Dea? They did stand their ground against O'Donoghue. This could get interesting.

watchingthepols

Here is Willie O'Dea in the Dail today laughing at those who were demanding that he explain his false High Court evidence.

http://www.politics.ie/fianna-fail/123846-o-dea-dail-battle-over-lie-sunday-times-51.html

jmayo

Sometimes I wish I should have run him over when I had the chance.

It seems biffo has reached a new low where he now appears to be saying that it is fact ok to lie if you are doing it in personal capacity and not when you are acting as minister of the country. :rolleyes:

So willie lies to court, but becuase it was when he was willie o'dea TD, defendant in libel case it is ok.
Whereas if he was willie o'dea TD Minister for Defense at the time it would be wrong, maybe.

Sully

thebaldsoprano wrote: »

If it turns out to be that and Labour or another party were to table a motion of no confidence, would the Greens support O'Dea? They did stand their ground against O'Donoghue. This could get interesting.

Enda Kenny has called for such a motion.

Fine Gael leader Enda Kenny has told the Dáil he intends to put down a motion of no confidence in Defence Minister Willie O'Dea.

Following a five minute explanation read to the Dáil by the Minister, Mr Kenny said questions were raised by the explanation, and therefore he would be bringing forward a confidence motion.

The Fine Gael motion has been submitted and is expected to be debated during the party's private member's time next Tuesday and Wednesday.

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In his statement, Minister O'Dea insisted that he had not lied on oath, but admitted he had made a mistake.

He said that as soon as he discovered his mistake, he had moved to rectify it and had corrected his affidavit on his own volition.

Mr O'Dea said his evidence he had given had been mistaken, but that evidence and testimony is regularly corrected in courts without allegations and assertions of lying and perjury being levelled.

Labour's Pat Rabbitte suggested that Minister O'Dea had 'a cheek' to claim he had forgotten what he had said.

He said he hoped that Green Party leader John Gormley would revert to his high moral standards when the no confidence motion came before the Dáil.

Earlier, Taoiseach Brian Cowen told the Dáil he does not believe that there were 'any breaches' of laws or codes of conduct by the Minister O'Dea.

Mr Cowen said that when the matter was brought to his attention, he spoke to Mr O'Dea and he was satisfied that his personal explanation would clear the matter up.

Last summer, Minister O'Dea made a sworn statement in connection with a High Court case taken by Sinn Féin local election candidate Maurice Quinlivan.

While he accepted making comments about Mr Quinlivan which were published in a local newspaper, he denied making other, unpublished, comments which figured in the court case.

It later transpired that he had in fact made the comments - Mr O'Dea said he had forgotten making them, and apologised.

This apology, and a sum in damages, was accepted by Mr Quinlivan.

Source: http://www.rte.ie/news/2010/0216/odeaw.html

jmayo

Loks like motion of no confidence being put down by Kenny on wee wille wonka couldn't tell the difference between the truth and a lie.

Now lets see gormless and the gang roll into the Dáil and affectively condone lying to a court.
He claims the matter is now closed.
That will be interesting to see.

Is willie telling mistruths to the Dail when he claims he immediately admitted his mistake rather than possibly four months after first being confronted with the tape ?

donkey balls

and you would think wee willie being in the law profession would know better:rolleyes: i only caught the end of the news on the last word and heard clowen saying something along the lines that o dea had done no wrong:eek:

Laminations

donkey balls wrote: »

and you would think wee willie being in the law profession would know better:rolleyes: i only caught the end of the news on the last word and heard clowen saying something along the lines that o dea had done no wrong:eek:

Isn't that the line they use with Bertie, that he did no wrong. And apparently until a court or tribunal says otherwise we are not allowed have an opinion on it, according to some. The greens have got to stand up for standards on this occasion.

Trotter

This is going to be great craic. I have my suspicions that FF could do anything they like at this stage and the Greens would back it without question. Given that they've nailed their colours to the mast and aren't going anywhere soon, we get to enjoy watching them defend this chap. Oh how the little organically fed worm has turned.

Mr_A

Had to laugh at the idea that a politician, attacking a rival in the middle of an election campaign and subsequently lying to the court about it, was 'acting in a personal capacity'. That was personal Willie, not politician Willie.

Best line since the 'mental reservation' trick used by clergy as revealed by the Murphy report.

Liam Byrne

Mr_A wrote: »

Had to laugh at the idea that a politician, attacking a rival in the middle of an election campaign and subsequently lying to the court about it, was 'acting in a personal capacity'. That was personal Willie, not politician Willie.

Best line since the 'mental reservation' trick used by clergy as revealed by the Murphy report.

We'll have enough to write a book soon :

"I won dat on de horses"
"I looked up every tree"
"On mature recollection"

donkey balls

Liam Byrne wrote: »

We'll have enough to write a book soon :

"I won dat on de horses"
"I looked up every tree"
"On mature recollection"

+ going forward
in the context

jmayo

Liam Byrne wrote: »

We'll have enough to write a book soon :

"I won dat on de horses"
"I looked up every tree"
"On mature recollection"

You forgot
"I was acting in a personal capacity when I did that"

donkey balls wrote: »

+ going forward
in the context

Obviously in the conext of job creation Ryan Air ain't going to be going forward in Dublin.

jmayo

Mr_A wrote: »

Had to laugh at the idea that a politician, attacking a rival in the middle of an election campaign and subsequently lying to the court about it, was 'acting in a personal capacity'. That was personal Willie, not politician Willie.

Best line since the 'mental reservation' trick used by clergy as revealed by the Murphy report.

This public versus private capacity reminds me of a story I heard about French Foreign Legion troops being involved in peacekeeping in Bosnia.
Stopry goes that they were been sniped at by Serbian soldiers and it was beginning to p*** them off.
So they take off the UN berets, put on their own green berets fire back and they can justly say that the UN never returned fire.

Shure isn't willie adopting the same policy and isn't it so apt seen as he is our minister of defence and all.

Grimreaper666

It's a new low for FF, you couldn't make this stuff if you tried. If there was any shred of hope for this country O'Dea would be facing jail no less and his supporters should be locked up with him.