THE SUPREME Court has reserved judgment on solicitor John Caldwell’s appeal over the rejection of his challenge to the Mahon planning tribunal’s decision to inquire into a number of land deals in Co Dublin in which he was allegedly involved with former Fianna Fáil TD Liam Lawlor and businessman Jim Kennedy.
Mr Caldwell’s action arose from his objection to a decision of the tribunal in November 2003 to proceed, in its Carrickmines II and related issues module, with a public hearing into the ownership of lands at Coolamber, Lucan, and other parcels of land in Co Dublin.
The tribunal later terminated its inquiries into the other phases of the Carrickmines II module.
Mr Caldwell, with an address at St John’s, Isle of Man, yesterday asked the Supreme Court to overturn High Court findings that the tribunal was entitled to move to public hearings without hearing submissions from him.
Mr Caldwell also wants the court to quash the High Court’s ruling that he pay part of the tribunal’s costs in the High Court.
The tribunal has argued the issues raised are moot because the tribunal has concluded its oral hearings. It contends it acted within its terms of reference in moving into the Carrickmines II module and was also entitled to terminate its investigation.
Ms Justice Fidelma Macken, presiding, said the court would reserve judgment.
During the High Court proceedings, Mr Caldwell’s side accepted Jackson Way Properties Ltd was the legal owner of the Carrickmines lands featured in the first module.
The tribunal had concluded in November 2004 Mr Caldwell and Jim Kennedy were most likely to be the beneficial owners through shareholdings in offshore companies. Mr Lawlor denied he was a beneficial owner. Mr Caldwell maintained the tribunal was not mandated to establish who were the beneficial owners of the Coolamber and other lands.
