The lawyer representing the heritage campaigner trying to stop the routing of the M3 through the Tara/Skryne Valley has admitted his client may face a large legal bill after a recent court ruling.
M3 campaigner Vincent Salafia
At the High Court today, Colm O'hEochaidh SC said his client, Vincent Salafia, had challenged the proposed route in the public interest.
Mr Salafia of Dodder Vale, Churchtown in Dublin, was today seeking the costs of his appeal against the routing of the proposed M3 motorway near the historic Hill of Tara.
The High Court today heard that Mr Justice Thomas Smyth presiding had dismissed the challenge at the two weeks ago, ruling that Mr Salafia had no legal standing to take the case.
Mr Justice Smyth was critical of Mr Salafia for making his challenge so late in the planning process, saying it was inexplicable that he had taken no part in the oral hearings held by Bord Pleanala.
Mr O'hEochaidh said Mr Salafia assumed that the heritage around the Hill of Tara would be protected by the existing national monuments regime, until he saw that Environment Minister Dick Roche had given the go-ahead last May for archaeological excavations to begin on the route.
Mr O'hEochaidh acknowledged that his client had not been one of the 4,000 people who made submissions to an Bord Pleanala about the routing of the motorway near the Hill of Tara.
But he asked how many of these people would have been prepared to risk their houses to take a legal challenge to the decision to allow work to start on the archaeological excavations along the route.
"The court can see the level of endeavour and risk taken on by Mr Salafia in circumstances where he had absolutely nothing to gain," he said.
However, he admitted it was difficult to contemplate the courts awarding costs to his client in these circumstances.
He added that the challenging of legislation in the courts was critical to the healthy functioning of democracy and warned that otherwise acts would go unchecked.
Lawyers for Environment Minister Dick Roche, the National Roads Authority and Meath Co Co argued that it would not be in the public interest for Mr Salafia to be granted his costs.
They said that given Mr Justice Smyth's ruling normal court procedure dictates that Mr Salafia should bear the costs of the proceedings.
They also said that Mr Salafia had failed to provide a scintilla of evidence that national monuments had been discovered on the route and that the issues raised had already been addressed in previous court cases.
Mr Justice Smyth said his ruling would have serious consequences and adjourned the hearing until tomorrow morning.
PA