Mr Justice Thomas Smyth, has rejected an attempt by lawyers for Mr Liam Lawlor to have him stand down from the West Dublin TD's contempt of court hearing.
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Mr Justice Smyth leaving the High Court yesterday
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Mr Lawlor had applied to have his contempt hearings held in front of a different judge because of what he described as Mr Justice Thomas Smyth's prior professional association with Green Properties plc., as a counsel for the company ten years ago.
Mr Lawlor's legal team feared "an apprehension of bias" if Mr Justice Smyth heard the case.
The "apprehension of bias", according to Mr John Rogers SC, for Mr Lawlor, stems from an opinion Mr Justice Smyth had given to Green Properties plc. in his capacity as senior counsel to the company.
As such, the then Mr Thomas C Smyth had advised Green Properties plc. that a cap on the size of Quarryvale contained no guarantees regarding the size of the development, according to Mr Rogers.
Mr Justice Smyth said, however, that he had given no more than a legal opinion in the affair, that he had no recollection of events, and that had he remembered them when he issued the order of compliance to Mr Lawlor on October 24 last he would have brought it to the attention of the Tribunal.
He added: "I had a 24 hour involvement in giving advice[to Green Properties plc.] on procedural matters, on the proposed [Quarryvale] agreement, and I have no recollection of events.
"In reasonable 'apprehension of bias' there must be a 'reasonable and cogent' link to suggest that impartiality would be effected... In my case there is no such link", he said.
Consequently, he said, he would not be persuaded or embarrassed into stepping down from the case The application to have the case heard by a different judge, as a result was rejected.
Earlier today, it emerged in the High Court that Mr Justice Smyth had also acted as counsel for a company 12 years ago which was involved in a civil dispute with Mr Lawlor.
The Flood tribunal is examining the circumstances of the civil action between Mr Lawlor and the unnamed company whose principal was named in court as a Mr Kennedy.
According to Mr John Rogers SC for Mr Lawlor, Mr Justice Thomas Smyth had acted at the time as counsel for Mr Kennedy.
However he said he distinguished between this case and the case of Green Properties plc, which the court heard details of yesterday and that he was bringing it up as a matter of record.
Mr Rogers said in the case of Green Properties plc Mr Justice Smyth had advised this company on a matter that was at the heart of Mr Lawlor's evidence to the tribunal. In the case of Mr Kennedy he had only acted as counsel.