A hearing regarding the availability of State documents for the action in which former Taoiseach Mr Charles Haughey and members of his family are trying to stop the Moriarty Tribunal opens in the High Court this morning.
The action was raised before Mr Justice Geoghegan yesterday but was again put back until today when the judge will deal with a preliminary dispute between the sides over the availability of State documents. The main hearing is unlikely to start until the end of the month.
The proceedings have been taken by Mr Haughey, his wife, Maureen, his daughter, Mrs Eimear Mulhearn, and his sisters, Ms Ethna Haughey and Ms Maureen Haughey.
The action is against the sole member of the tribunal, Mr Justice Michael Moriarty, the clerks of the Dail and Seanad, Ireland and the Attorney General.
Before the court is an application for an injunction to stop Mr Justice Moriarty inquiring into the financial affairs of the plaintiffs. The State is seeking to dismiss claims by the Haughey side that the Houses of the Oireachtas were not properly convened to set up the tribunal.
In court yesterday, Mr Colm Condon SC, for Mr Haughey, said his side had received on Wednesday the defence of Mr Justice Moriarty. Counsel said that they had also received, yesterday morning, an affidavit of discovery which raised a number of matters which would have to be looked into.
Mr Condon said he had discussed the situation with the other counsel involved. He suggested, on behalf of all counsel, that the matter be put in for mention today to deal with the issue of discovery. The discovery matter was important and should finish within the day, Mr Condon said.
He added that there was still no replying affidavit to his clients' application for an injunction.
Mr Condon said that if the court was able to take the discovery aspect of the case today, anything that arose out of that should be dealt with by Friday next. Perhaps they could then get a date in the following week, he said.
Mr Justice Geoghegan said the only problem in relation to that was whether there was going to be a Supreme Court appeal (on the discovery issue).
The judge said he thought the main case should be heard as quickly as possible. Mr Condon said his side was also anxious for that to happen.
The judge said he would deal with the discovery matter today.