The Supreme Court has rejected an attempt by Mr Joseph Murphy snr to challenge the Flood Tribunal's decision to admit into evidence an affidavit containing "serious and damaging allegations".
The five-judge court, in a unanimous decision, yesterday rejected an appeal by Mr Murphy, of Guernsey, Channel Islands, against the High Court's refusal to grant him leave to challenge the tribunal's decision on the affidavit.
Mr Liam Conroy, a former JMSE senior executive, made the affidavit in March 1989 in connection with legal proceedings in the Isle of Man. He has since died.
Last April Mr Justice Geoghegan, when refusing Mr Murphy leave to challenge the tribunal's admission of the affidavit, said it was beyond argument that the tribunal chairman, Mr Justice Flood, had to see the document.
During the tribunal hearings, a key witness, Mr James Gogarty, claimed that after Mr Murphy had paid over money to a Dail member with a view to getting planning permission, Mr Murphy had subsequently sold the land on an agricultural value basis.
Mr Justice Geoghegan said that, according to Mr Gogarty, this apparently inconsistent conduct on Mr Murphy's part was caused by panic because of what was contained in Mr Conroy's affidavit.
Mr Paul Gallagher SC, for Mr Murphy, appealed to the Supreme Court yesterday against Mr Justice Geoghegan's refusal of leave.