24th January 2022
1st October Highland Radio Broadcast
On a busy beginning to October the virtual show kicked off with a case in the headline’s midweek from Germany where the Trial of Irmgard Furchner, a 96-year-old former Nazi death camp secretary was to commence before a youth court in Hamburg, the accused failing to show up at court on the first day. The Question of Justice being served was addressed by Seamus Gunn this morning who had misgivings about the Trial proceeding in its present format. He made the point that while there were 10,000 murders at this camp, outside Gdansk, that the lady before the court, was a secretary and acting under orders at the time. It was questionable as to what knowledge she would have had of the events or what responsibility, if any, she had for them. He explained the requirements for a murder charge and the burden of proof beyond a reasonable doubt and that Men’s Rea and Actus Reus had to be proven against the accused. He said that up to 2011 it was virtually impossible to bring such charges before a court, the Proofs required for a Murder conviction in the federal Republic of Germany in respect of War crimes were that the specific crime had to be alleged, a specific victim had to be identified and it also had to be proven that the crime was motivated by racial hatred. He said that with the passing of time that this became virtually impossible but that after the conviction of a concentration camp guard in 2011, they had adopted a policy that persons who were accessories could be brought before the court to account. He said that he anticipated that there would be a robust Defence when this matter went to Trial. He accepted the point that time did not frustrate the investigation of a crime and the matter being brought to Trial but that it was questionable whether Justice was being served in this case when the Burden of Proof had been changed. Gregg Hughes made the comparison to Irish Courts and three Judge Courts presiding over a specific type of cases, but our contributor said that regardless, that the Burden of Proof remained the same and that it was a high threshold that had to be met. He said that there was also the very practical point that time was moving and would run out.
The Britney Spears conservatorship was then discussed in the context of a Wardship Application in Ireland, Seamus Gunn being of the opinion that the Draconian measures and the manner in which the conservatorship was handled in the USA would not occur in this jurisdiction due to the accountability regime in place in the High Court in respect of Wardship cases. He was of the view that this matter would garner a lot more publicity and be a source of further proceedings before it ended but that finally Britney Spears was on the right road to regain her freedom.
The Full Broadcast can be listened to below including the Q & A that followed.
24th January 2022
3rd September Highland Radio Broadcast
The first Zoom show following the summer break kicked off today hosted by Donal Kavanagh when the case of the record fine of € 225 Million being imposed by the Data Protection Commission on WhatsApp Ireland was reviewed. Seamus Gunn was of the opinion that it was interesting on 2 fronts, that it was the highest fine ever imposed by the Data Protection Commission in this country, following a fine of € 450,000.00 imposed on Twitter in December last year and secondly that the fine had been upped from a proposed € 50 Million to the figure of € 225 Million after it had been referred to the European Data Protection Board (EDPB). He said that it was interesting that WhatsApp had set aside a substantial sum of € 77.5 Million to meet the complaint which was nearly trebled with the fine. He said that he thought it likely that the matter would be appealed and that if so in this jurisdiction, to the High Court or to the European Court. He said that in light of the fact that Amazon had been fined € 746 Million by Luxembourg in the summer that there was an emphasis on upping the penalties for these types of multinationals that were found to be in breach of data protection processing, he was not confident that such an appeal would change or reduce the fine. He said that on a positive note that the fine was payable to the exchequer of the country in which it is levied, hence Ireland would reap the benefit. It would also set a precedent for future breaches and penalties to be imposed as the European Data Protection Board had referred the matter back to the Irish Commissioner as they considered the proposed fine for € 50 Million to be inadequate. There are also remedial actions required by WhatsApp. Until such time as the appeal has been determined the matter shall remain ongoing, but our contributor was not optimistic about a positive outcome for the Appellant.
A typical diverse Q & A followed. Listen to the full interview below.
3rd August 2021
2nd July Highland Radio Broadcast
The highlighted topic this morning was the government approved legislation to clarify the situation around outdoor drinking. Seamus Gunn was not impressed at the manner in which this became an issue stating that outdoor eating was promoted, advertised and supported by government over an extended period and yet they did not foresee the difficulty with the Licensing Laws that in the majority of situations the license did not extend to the outdoor area being used for the consumption of alcohol. He referenced the point that the area in which the alcohol would be consumed should be in accordance with the licensing map which he said would usually incorporate the premises and in certain situations outdoor areas but not public footpaths as these were under the control of the local authorities. He foreseen a difficulty with insurance indemnity in respect of issues that may arise outside of the premises and in particular cover for such activity. He strongly recommended that proprietors should confirm cover with their insurers. Gregg Hughes highlighted an example where an incident such as a fight could arise outside of a premises at these locations and in particular the insurance implications.
Seamus Gunn stressed that the bill came before cabinet at the beginning of the week and was yet to be passed into law but was expected. He was not impressed with the matter being left to the Gardai to apply discretion. He said that proprietors were trying to do their best in very difficult circumstances and were acting in good faith and were likely to have complied with the street furniture regulations. He said that the licensing legislation was a labyrinth of acts going back to the late 19th century and recently updated in 2000. They were quite clear in defining the licensed area and at all times it was foreseeable that this issue was going to arise, and legislation should have been addressed before now.
One of our most varied Q & A to date this year then followed.
Listen to the full interview below:
Part 1 –
Part 2 –
25th June 2021
4th June 2021 – Highland Radio Broadcast
Our 6th remote show of the year started with the controversy over the report from the Commission of Investigations into the Mother and Baby homes which came into the public domain in recent months. This discussion was prompted by Dr. Maeve O’Rourke’s, the Director of Human Rights Law Clinic at the Irish Centre for Human Rights and lecturer at NUI Galway, call on the government to repudiate the findings of the report following the disclosure by the member of the Commission, Professor Mary Daly early in the week at an academic gathering in Oxford, of the rationale for not including the voices of the victims and in particular their stories in the report.
She put it down to the terms of reference of the commission and placed particular emphasis on the fact that the testimony, which had been given by some 550 survivors, was not sworn testimony under oath and therefore could not be used. Seamus Gunn reminded Greg Hughes that the Oireachtas committee had been attempting for some time to have the members of the commission appear before it to answer questions on the report. He said that it showed a lack of sensitivity to the survivors who had gone to great pains to tell their story and had hoped that they would now be recorded in the report. He thought that it was unacceptable for Professor Daly to address this outside the jurisdiction. He also explained that under the legislation that had set up the commission there was an onus that the report should have been circulated to the survivors for their observations before it was finalised as it was to the religious orders but that this had not happened. He said that there was an “inequality of arms” in that those against whom wrongdoing was alleged had full legal representation, while survivors had none. He said notwithstanding this, they had appeared before the commission in good faith with the hope of bringing some finality to the enquiry which has been ongoing for some 6 years. Greg Hughes asked as to what the likely outcome was going forward to which our contributor thought that it was further delay and at best a repudiation of the report, which would be a step in the right direction. He was of the view that this matter will gain further traction in the media as the pressure builds to appear before the Oireachtas committee.
One of our most varied Q & A to date this year then followed.
Listen to the full interview below:
14th May 2021
7th May 2021 – Highland Radio Broadcast
The virtual show kicked off today with the prospect of the easing of restrictions commencing on the 10th of May, with the point being raised by Greg Hughes that while Donegal was under the microscope, gatherings such as weddings were taking place down the country. He was of course referring to the Longford County Council Circuit Court case in respect of a wedding which took place in Longford. Seamus Gunn was of the opinion that in this instance every effort had been made to implement the law. He said that the Gardai when they became aware of the proposed event notified the local authority and public health in Longford and that the County Council then secured an injunction to halt the Proceedings. He said that the difficulty arose when the Gardai that were deployed on site could not prevent people entering the event as they were entering through a halting site, as this would give rise to Civil Liberty issues. As the event proceeded, those responsible would now have to account for their actions before the Circuit Court as on the face of it they were in contempt of a Court Order. He said that he thought the difficulty with dealing with the case was that while one could be brought before the court for disobeying an injunction, it is usually to purge one’s contempt, thereby enforcing some action on the part of the individual to abide by the direction of the Court or else be incarcerated until they agree to do so. He said that in this instance the event had proceeded in defiance of the Court Order and for this, someone would be held responsible to answer for their actions. He said that GolfGate exercised a lot of minds last August, it was quite likely that this case would do likewise in the coming week.
The Q & A that followed started with a tricky local authority issue and antisocial behaviour, with land and estate issues also covered.
Listen to the full interview below.
14th May 2021
9th April 2021 – Highland Radio Broadcast
As we fast approach our 12th Zoom contribution to the show, the North Carolina cases of Molly & Thomas Martens were discussed at the opening, Greg enquiring as to the interest in the prospect of a retrial of the Martens for the murder of Jason Corbett in 2015. Seamus Gunn discussed the game changer that would have been a Plea bargain if the District Attorney for Davidson County, Gary Frank had acceded to this approach from the Defence. He was of the view that a manslaughter conviction would carry a sentence of between 51 and 64 months and that the couple having to date served 44 months, such a result could have meant that a further 2 years would be the maximum that they would serve for the crime. He explained that the DA had backed away from this and neither confirmed or denied it, but that it was common knowledge in the reporting and the media that there had been some discussion and that as an option it was being examined. He gave some insight into the different optics of the case in the USA and in Ireland, in particular in Limerick where Jason Corbett’s 2 children currently reside with an aunt and uncle. He explained the 2 points being relied on by the Defence to seek a retrial in that they claimed that relevant evidence being statements from the 2 children, now aged 16 and 14 were not admitted at the initial trial and that there was also a question mark of a blood stain. He said that the children’s statements could be a double-edged sword, as on their return to Limerick, while they had recanted the initial statements in the USA, they had furnished much more fulsome statements when back in Ireland. He was of the view that a retrial was the right result, but he had serious misgivings as to whether a retrial would result in a change in the verdict herein. He said that the Martens could be faced with the prospect of having to return to jail, they both being now released on bail.
There will obviously be more to follow whenever a date for the retrial is set. The Questions and Answers session that followed was as usual, wide, and varied and can be listened to online.
Listen to the full interview below:
10th March 2021
5th March 2021 – Highland Radio Broadcast
Another lively Zoom encounter with Greg Hughes this morning opened with the topic of cross border enforcement of driving bans, Seamus Gunn highlighting the difficulties arising and the complex legislation issues that require to be addressed by the UK in the wake of their exit from the EU. He explained the cross-border enforcement directive of 2015, which was initially taken up by 25 out of the 28 member states with Ireland, England and Denmark postponing and that following agreement between Ireland and England in August 2017, the recognition of driving bans which gave effect to the ban following the driver to their own jurisdiction came into force. He said that the issue that now arose was that whether as a result of Brexit, the mutual recognition remained in force. The EU directive was pre 2016 when Brexit was voted on in the UK. He was of the view that it would take a UK act of parliament to rescind the recognition but the difficulty that arose in practical terms was whether an EU Directive had to be observed in the meantime. He said that this was part of the unravelling and that while it may be played out in the courts, it would be up to the UK to bring in appropriate Legislation under a raft of headings to give effect to the exit. He explained how prior to Brexit, orders would have been enforceable across the EU. He made the point that the complexities have not been addressed and that while there is an agreement in place, the fleshing out of the nuts and bolts of the Legislation that is required to give effect to it has yet to follow, a topic which no doubt will have to be revisited in the future.
The Q & A session varied from Testamentary matters to Medical negligence to Statute of Limitation periods, being wide and varied.
Listen to the full interview below.
16th February 2021
5th February 2021 – Highland Radio Broadcast
On another Zoom morning following the introduction of new Government Legislation in respect of mandatory 14-day quarantine for passengers arriving from outside the State who fail to remain at the address noted on the passenger locator form, the penalties for noncompliance being a fine of up to € 2,500.00 or 6 months in prison, or both and the enforceability of the regulation were discussed in some detail. Our contributor, Seamus Gunn, was of the view that the regulation was unenforceable, he said that it distracted from what he believed was the bigger picture, being the tardiness with which the vaccine is being rolled out within the jurisdiction, comparing figures of 20% to date in the UK, 14% in Northern Ireland, with less that 2% in this country. He said it was not the time for further regulations which the Gardai had not been given guidelines as to how to enforce and in his view were unenforceable. He also put forward the scenario of an individual travelling into Northern Ireland and then travelling South. He referenced the Constitutional protection of one’s home and the requirement of a search warrant if it is to be entered. Greg Hughes highlighted the lack of accessibility to the Nphet evening press conferences/briefings. Seamus Gunn was of the view that the matter could be raised in the Dáil which was the proper forum in order to obtain answers to obvious questions in relation to the vaccine delay. He said that while the cavalry was coming, they had not arrived yet.
A wide and varied Q&A followed, kicking off with the complications that could arise with refunds on holiday/airline bookings.
Listen to the full interview below.
19th January 2021
8th January 2021 – Highland Radio Broadcast
On another busy Zoom show to start the beginning of 2021 the discussion revolved around the legal implications of the riot on Capitol Hill on the 6th of January when Donald Trump supporters attempted to stop the count of the electoral college vote and the ratification of President Elect Biden by invading Capitol buildings, the actions being widely condemned both nationally and internationally. Our contributor was of the view that the sanctions that are currently available, being the invoking of the 25th amendment of the Constitution to remove President Trump from office and/or impeachment would not likely come to pass due to the practical time constraints. He thought of the 2 proposed sanctions that the latter was more likely if the republicans wanted to distance themselves from President Trump. Seamus Gunn was more interested in the possible criminal sanctions that could follow after the 20th of January when President Trump leaves office, highlighting that incitement to riot is illegal under US federal law and conviction on such a felony could attract a heavy custodial sentence, in some states 10 years. He also reminded Greg Hughes that there are other investigations which have been ongoing for a considerable number of years, some of which were being addressed by the District Attorney of Manhattan and that he thought that President Trump’s latest statement where he mentioned reconciliation and an orderly and seamless hand over of power, that this was more as a result of an apprehension on his part as to what would follow after he left office by way of a criminal investigation. Greg Hughes put forward the proposition that President Trump may intend to start a new party to rival the Democrats and the Republicans. Seamus Gunn thought this highly unlikely as his support base would be critically eroded by his actions of late and that the vast majority of Republicans would not go with him. He was also of the view that this could be the beginning of the end of Donald Trump’s future political ambitions. He expects more to follow in the coming days and weeks, that may be more interesting after President Biden has been inaugurated – “May you live in interesting times”.
10th December 2020
Highland Radio Broadcast – 4th December 2020
On another busy Friday and our 9th remote contribution to the Greg Hughes Show, the early discussion revolved around the report by James Hamilton, the former Director of Public Prosecutions, published this week on white collared crime and the agencies investigating Corruption, Fraud and Economic crime. Our contributor, Seamus Gunn, was of the view that there are already 3 agencies in place, being SIPO (Standards in Public Office Commission), the ODCE (Office of the Director of Corporate Enforcement) and the DPP (the Director of Public Prosecutions), but what was required was an emphasis on bringing together the various disciplines and properly funding them with the resources necessary to tackle an issue which has been ongoing for decades. He referred back to the Flood and Moriarty Tribunals in the late 1990s, both of which went on for the better part of a decade plus, Flood investigating planning matters while Moriarty’s emphasis was on payment to politicians.
Seamus Gunn also referenced the collapse of the prosecution of Sean Fitzpatrick by the Office of the Director of Corporate Enforcement in 2017 as a result of the potential infringement of his Constitutional Right to a Fair Trial, making the point that the issues that white collar crime give rise to and the remedies needed to tackle them have been in existence for some time and that while there may be the will to tackle the matter, the way has not yet been found. He highlighted some aspects of the recommendations in relation to search warrants to obtain electronic passwords, the extension of time for holding suspects to 7 days for the purpose of investigation, the required legislation to deal with former members of the Oireachtas who have contravened obligations while in office, as well as tackling nepotism and the improper use of influence, all of which he said would go a long way to addressing the issues but without the resources and the determination to see it through, he had some reservations. A comparison was drawn between insurance fraud investigation and white-collar crime. Our contributor was of the view that insurance fraud would pale into insignificance when measured against the potential criminal activity involved in managing € 1.8 trillion, which is Ireland’s exposure and risk to economic crime in the financial services. He said that while the report and the recommendations and the review was to be welcomed and the response to it, he would remain somewhat skeptical about its implementation going forward.
Some interesting land issues arose on the following Q&A session which continue to give rise to disputes between neighbors.