Legal team reserving issue pending analysis of transcripts so far – general secretary could face prosecution for failing to comply if summonsed

Leading Irish union figure Brendan Ogle’s legal team will not make a decision today on whether to subpoena Unite general secretary Sharon Graham to appear at the next phase of Ogle’s discrimination case against the union in Dublin, which is expected to take place in early April.

Yesterday saw a heated argument in the Workplace Relations Commission hearing room about whether Graham will be required to testify in the case. Ogle’s lawyers insisted that she must be legally summonsed to attend if Unite’s legal team does not call her as a witness. Unite’s barrister Mark Harty insisted furiously, and it must be said rather bizarrely, that Graham is not relevant to the case and may not be ‘amenable’ to subpoena, as if such a legal summons is a matter of whether one feels like being summoned. Graham and her alleged words about getting rid of Ogle – who supported her rival Howard Beckett during the 2021 general secretary election – have featured prominently in the case so far.

If a subpoena is eventually requested and issued, the summons is enforceable and failure to appear and give evidence under a subpoena is a prosecutable criminal offence under Ireland’s ‘Employment (Miscellaneous Provisions) Act 2018‘.

Sharon Graham has previously cancelled appearances in the Republic, avoiding members’ anger and scrutiny over the union’s ‘disgraceful’ treatment of Brendan Ogle. The situation caused such outrage in Ireland that union members picketed Graham’s long-delayed visit to Dublin, Unite’s Community section condemned it as ‘disgusting’ and a whole sector branch threatened to disaffiliate.

After Unite’s legal team said they will not be calling Graham to testify, Workplace Relations Commission Adjudicator Elizabeth Spelman told both legal teams that before a subpoena can be requested, Ogle’s lawyers should write to Graham and ask her to appear, then apply for a subpoena if/when she refuses.

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