The High Court has ruled that a taxing master, Mr James Flynn, must withdraw from a hearing on costs incurred by the Haughey family during challenges to the Moriarty tribunal. Mr Justice Kelly handed the matter over to the other High Court taxing master, Mr Charles Moran.
Mr Justice Kelly quashed Master Flynn's decision of March 16th last when he refused to withdraw from the taxation of these costs.
The State had objected to his ruling in favour of the former Taoiseach and members of Mr Haughey's family regarding their legal costs arising from their successful challenge to discovery orders from the tribunal. In the High Court yesterday the State had sought his withdrawal on the grounds that he had shown objective bias in favour of the Haugheys at a previous hearing.
There Mr Flynn had described tribunals as the "Frankenstein" of modern Irish society. He also said tribunals could and did deny fundamental rights and appeared to have a "bottomless well" of funding.
He had compared the action taken by the Haugheys against the Moriarty tribunal and the State as "a classic David and Goliath scenario in that the massive resources of one is pitted against the 'underdog'."
Yesterday, Mr Maurice Collins, for the State, said it was following such remarks that his clients wished Mr Flynn to withdraw. His clients were apprehensive their objections would not get a fair hearing. They had asked Mr Flynn to withdraw from hearing the matter.
The master had queried whether he could withdraw and had invited submissions from the parties, which were provided.
However, without further hearing, Mr Flynn in March delivered a ruling refusing to withdraw. His clients had applied for leave to challenge Mr Flynn's ruling and secured that leave in June 2000. There was no appearance by Mr Flynn or by the Haughey side yesterday.
Granting the application, Mr Justice Kelly said Mr Flynn had failed to observe fair procedures and the applicants had demonstrated there was objective bias.