Alan Shatter wants certain critical findings made against him in the 2014 Guerin report to be removed and a corrected copy handed to the Taoiseach.
The former Minister for Justice is seeking a number of court orders after winning an appeal over Mr. Guerin’s failure to give him a right of reply.
The Court of Appeal has reserved its judgement.
Earlier this month, the three-judge Court of Appeal unanimously ruled in Alan Shatter’s favour following his failed High Court challenge.
They agreed he should have been asked for his version of events before Sean Guerin concluded that he hadn’t adequately handled allegations of Garda misconduct in the Cavan/Monaghan division.
A declaration to say his constitutional rights were breached by the defective procedure adopted has been agreed between the parties, but Mr. Shatter is seeking a number of orders.
He wants Mr. Guerin to delete all critical findings made against him and he also wants him to deliver a corrected copy to the Taoiseach.
Paul Sreenan, who’s representing the former Minister for Justice, told the court this morning there should be no obstacle to him doing that.
He said he saw no reason why he couldn’t give effect to such an order. He said the damage continues for his client and noted that the report was still on the website for An Taoiseach, despite the court’s earlier judgement.
Paul Anthony McDermott, who’s acting for Mr. Guerin, said the report was no longer under his control and that he sued the wrong party.
He said he should have sued the Taoiseach and it’s now a matter for them. “It’s not for us to get involved in outstanding issues between An Taoiseach and Alan Shatter,” he said.
He also said Mr. Shatter was given an advanced copy of the report and took no legal action to restrain it from being published.
He also questioned whether a few sentences could simply be quashed from the report and compared it to the judgement of a court.
He said it’s all threaded together and can’t be edited. It stands and falls as a single document, he said, and would have to be rewritten – something his client does not have the power to do.
Mr. Shatter was in court for today’s hearing and passed notes to his legal team throughout. The judges rose for a few minutes to consider the applications but decided it would be best to deliver judgement at a later date.