Flood unfazed by Murphy's writ

Mr Joseph Murphy jnr, the property developer branded a liar by the planning tribunal, has taken legal proceedings against the State, the tribunal and its former chairman, Mr Feargus Flood.

Mr Murphy's writ, which was issued earlier this week, has prompted Mr Flood to abandon plans to be interviewed on RTÉ's Marian Finucane Show for fear that it might prejudice the proceedings.

Mr Flood yesterday explained his change of mind by saying that although the interview was planned as a general discussion, it was possible that "in the enthusiasm of a public interview on radio" he could say something "inappropriate".

The best approach, he had therefore decided, was to say nothing. "After all, why should I stick my arse over the parapet?" he remarked.

The 75-year-old former chairman said he planned to resist the proceedings, and would give evidence if called to do so.

"But I'm not going to get worried about this. I've been 56 years now as a barrister, a judge and a tribunal chairman and, by this stage, I'm inured to anything that can happen."

Former Fianna Fáil minister Mr Ray Burke, who was also implicated in corruption in Mr Flood's interim report published in September 2002, has already issued proceedings against the tribunal.

Mr Burke wants the High Court to direct that Mr Flood, who retired last year, should deal with his €10.5 million legal bill; if Mr Flood is not available, the court should award the former politician his costs by default, he contends.

Mr Burke is due to give evidence to the tribunal next Tuesday, this time in relation to the alleged meeting between developer Mr Tom Gilmartin and Government Ministers in Leinster House in 1989.

The latest proceedings were served earlier this week on Mr Flood; the current tribunal members Judge Alan Mahon, Judge Mary Flaherty and Judge Gerald Keys; Ireland; and the Attorney General.

They were issued on behalf of Mr Murphy, Joseph Murphy Structural Engineering and Mr Frank Reynolds, the managing director of JMSE at the time of the Burke payment.

In the proceedings, the Murphy interest claims the tribunal's findings are invalid because it acted as a court of justice established under the Constitution.

However, Mr Flood and the tribunal are likely to argue that the interim report stuck to the facts "on the balance of probabilities" and did not condemn nor criticise any party.

Mr Flood will not be personally liable for any costs arising from the proceedings.

In his interim report, Mr Flood found that Mr Murphy obstructed and hindered the work of the tribunal by failing to give a truthful account of the circumstances in which he came to be at the meeting in Mr Burke's home in June 1989, at which the former Minister was paid at least £30,000.

Mr Reynolds was also found to have hindered and obstructed the tribunal.