Two Ansbacher deposit holders who sought a hearing in the High Court without their identities being revealed have lost their action. The two must now go public if they want to continue with legal action to prevent their names being published in the report by inspectors investigating Ansbacher Cayman.
In a ruling in the High Court this morning, Mr Justice Brian McCracken said the constitutional requirement to administer justice in public requires the attendant publicity. He said this is a small price to be paid to ensure the integrity and openness of the judicial process.
He said that extending the right to privacy or the right to a good name to anonymity in a court case could not possibly be said to be a practicable way for the State to defend and vindicate these rights in the light of Article 34.
This article requires justice to be administered in public. The right to justice administered in public far exceeds any right to privacy, confidentiality or a good name.
The ruling is likely to have a significant effect on the timing of the release of the Ansbacher report. The Attorney General and the Director of Corporate Enforcement opposed the application from the two individuals.
