Appeal date set over Mahon refusal

A DATE has been set for a Supreme Court appeal by developer Owen O’Callaghan against the Mahon tribunal’s refusal to circulate draft findings before publishing its report.

Publication of the planning tribunal’s report had been delayed pending the appeal, which will take place on November 24th. Two days have been set aside for the case.

If the court finds against Mr O’Callaghan and six other Cork-based individuals and companies taking the action with him, it would pave the way for the publication of the Mahon tribunal’s report.

But if the court finds in favour of the Cork developer, the tribunal’s draft findings would have to be circulated to all those affected. Time would then be given for parties to make submissions on those findings to the tribunal and the submissions would need to be considered before the final report could be published. It could also lead to additional public hearings.

The High Court rejected Mr O’Callaghan’s challenge to have draft findings circulated in October 2009. Mr Justice Iarfhlaith O’Neill ruled the refusal to give the applicants draft findings did not breach their rights to fair procedures.

Since then, a five-member sitting of the Supreme Court ruled unanimously against a decision by the tribunal not to allow legal costs to businessmen Joseph Murphy jnr and Frank Reynolds of Joseph Murphy Structural Engineers

In her written judgment, Mrs Justice Susan Denham said “on well-established principles of fair procedures, the appellants should have been given notice of an intended ruling on obstruction and hindrance in relation to the issue of costs and an opportunity to make submissions”.

Mr O’Callaghan gave evidence at the Mahon tribunal in connection with allegations made against him by developer Tom Gilmartin in relation to the zoning of land in Quarryvale, Dublin.

The Tribunal of Inquiry into Certain Planning Matters and Payments, now known as the Mahon tribunal, was established in November 1997 to examine alleged planning irregularities and payments to politicians. It was initially chaired by Mr Justice Feargus Flood, who retired in 2002. Judge Alan Mahon then became chairman and was joined by Judge Mary Faherty and Judge Gerald Keys.

Public sittings at the tribunal finished in December 2008 after evidence from 400 witnesses. More than 30 legal challenges have been taken against the tribunal.