The question is why would Anglo agree to this? Also do the documents not belong to Anglo? And wouldn't the gardai have access to all documents if they are investigating Anglo.
That, Bronte, is the core of the issue.
If documents are destroyed, that would effectively neuter any investigation of both Drumm's and Anglo's affairs.
Whatever about keeping some privity in the matter, which I would support to ensure a fair trial if it ever came to that, the issue of destroying documents is what caught my attention.
Contract being private to the parties is something that the courts uphold in this jurisdiction, but before this I understood that a criminal investigation had powers that overrode matters of private contract.
I'm getting the same feeling I had when I learnt that the Church expected the state to honour Canon Law when certain internal matters came to light many years back.
The idea that there could be a parallel body of law of legal court that might allow people to avoid prosecution, or in this case even investigation, is worrying.
Moriarty, please note that I used the term "avoid" and not "evade" to avoid an implied or possible libel.
Since the judgement is issued, the matter is no longer before the courts.
The subject matter is a matter of intense public concern I believe.