February 17, 2011
By Staff Reporter
Paul Berry, a DUP Assembly member from Newry/Armagh, who was suspended from the party in July following allegations about his private life, has been granted an injunction to stop disciplinary proceedings against him.
The judge halted the hearing against Berry after his lawyers, instructed by solicitors Madden and Finucane, put forward a list of shortcomings based on “natural justice.”
Sixteen DUP officials were named in the court action including Paisley, his deputy, Peter Robinson, and MPs Nigel Dodds, Gregory Campbell and Jeffrey Donaldson.
Berry’s lawyers said they required specific details of their client’s alleged breach of discipline and the evidence to be called at the proposed disciplinary meeting.
In a Sunday newspaper, a man describing himself as a male masseur claimed he had met Berry, after a lengthy exchange of cell-phone text messages, at a South Belfast hotel and had engaged in a sexual act.
Berry said at the time that he had met the man because of an old sports injury.
After this week’s court hearing, Berry said instigating legal proceedings was not something he wanted to do but “I wanted to ensure that the hearing I receive is fair, legal and comes to a just outcome.
“Acting on my behalf, my lawyers asked for answers to basic questions from the party. They also asked for confirmation that they will be able to properly represent me in the disciplinary process in accordance with the rules of natural justice.”
Earlier, the DUP disciplinary panel had refused requests by Madden & Finucane to adjourn the Monday, Nov. 14, hearing at party headquarters until it had clarified a number of questions.
The High Court ordered that the DUP: specify the breach of discipline or practice alleged against Berry; confirm that he will be afforded a proper opportunity to be heard; clarify the status, composition and power of the disciplinary panel; stipulate the party rule and remit under which it has been convened; set out the evidence to be relied upon at the proposed hearing.