An unexpected agreement to release documents has cleared the way for the full hearing of the action taken by former Taoiseach, Mr Charles Haughey, and members of his family to stop the Moriarty Tribunal investigating their financial affairs.
The case is listed before the High Court next Tuesday when a date should be set for the full hearing, with lawyers suggesting February 17th.
The agreement was announced in the Supreme Court yesterday after suggestions made to that effect by the Chief Justice, Mr Hamilton, and other members of the bench. After the judges' comments, lawyers for the tribunal agreed to make the documents available, on a confidential basis, to lawyers for the Haughey side.
The dispute over documentation has already been before the High Court which, after a two-day hearing, rejected an application by the Haugheys for access to the documents.
That decision was appealed to the Supreme Court. So far the costs of the proceedings are thought to exceed £50,000 but a ruling on who pays them has been deferred pending the outcome of the main action.
During a brief adjournment of the Supreme Court appeal yesterday, lawyers for the tribunal gave a copy of a confidential letter to the Haughey side. The letter was sent by the tribunal to the Government Chief Whip and was one of the documents over which there had been a dispute.
Counsel for the Haughey side, having read the letter, indicated that it was not needed although it was stated its relevance could not be appreciated until it had been read.
Earlier, the Chief Justice had said that when the Haughey legal team had read the letter, they would see it contained nothing of consequence. Mr Justice Hamilton said that if counsel recognised the document was not relevant, it could be returned to the tribunal's lawyers.
The Haughey side had asked the High Court to order the tribunal chairman, Mr Justice Moriarty, to produce all orders or requests for information made by the tribunal to any Government department or TD, seeking evidence or information concerning the Haughey family affairs.
They wanted to see any correspondence passing between the tribunal and Dail deputies, past or present, concerning the receipt by them of money or benefits-in-kind and correspondence or orders made against any political parties in which information was sought concerning donations.
During the High Court hearing, it was stated that the confidential letter clarified earlier correspondence from the tribunal seeking details of payments of more than £500 made to TDs and senators while members of the Oireachtas.
The High Court rejected the Haugheys' application and that rejection was appealed in the Supreme Court yesterday.
The Chief Justice, who sat with Mr Justice Keane and Mr Justice Barron, said the court was satisfied that the sole member of the tribunal had acted meticulously in not making the letter available in view of its confidentiality.