The Supreme Court yesterday ruled that the former CIE chairman, Mr Dermot O'Leary, may pursue a claim that two senior civil servants were involved in a conspiracy to have him removed from his post by the then Minister, Mr Michael Lowry, in 1995.
The High Court last year refused Mr O'Leary's application to amend his proceedings against the Minister for Transport, Energy and Communications, in which he is challenging his alleged dismissal in April 1995, to include a claim of conspiracy.
Ms Justice McGuinness, giving judgment, with which Ms Justice Denham and Mr Justice Barron agreed, said Mr O'Leary's allegations could not be dismissed as frivolous or vexatious.
In the High Court a former CIE board member, Mr Anthony Rooney, had alleged that Mr Michael McDonnell (now CIE group chief executive) and Mr John Loughrey (a former secretary of the Department of Transport, Energy and Communications and former secretary of the Department of Public Enterprise) had arranged to have Mr O'Leary dismissed.
Mr Rooney said in the affidavit that Mr McDonnell had told him Mr Lowry was "an idiot" who "only wants his face in the media". Mr Loughrey and Mr McDonnell deny Mr Rooney's claims.