The State has been directed by the High Court to pay half the legal costs, estimated at €100,000, incurred by a former Army officer in his unsuccessful legal challenge to the Government's permitting the use of Shannon Airport by US military aircraft.
Mr Justice Kearns described Mr Edward Horgan as a person of sincerity whose action had raised important public law issues.
While it would be wrong to allow Mr Horgan his full costs, it would be equally wrong to award costs against him, the judge said.
A former Army commandant who is now pursuing a doctorate in peace studies, Mr Horgan, Castletroy, Limerick, instituted his proceedings before the start of the Iraq war when troop-carrying US aircraft were using Shannon on their way to the Middle East.
In a reserved judgment last Monday, Mr Justice Kearns dismissed Mr Horgan's application and left over the question of costs. When he sat to deal with that yesterday, lawyers for Mr Horgan argued there should be no order made against him, rather the State should pay his costs.
State counsel argued that while the judge had discretion, Mr Horgan should not be "rewarded for being wrong" by having his own costs met by the State.
Mr Justice Kearns said he was satisfied Mr Horgan had raised public law issues of general importance. He had no private interest in the outcome of the case. His bona fides were beyond question in all aspects of the litigation.
It would be wrong to allow Mr Horgan his costs in full. Equally, it would be wrong to award costs against him and it would be wrong that there be no order for costs.
The judge said he would award Mr Horgan 50 per cent of his costs of the proceedings and allowed a stay on his costs order in the event of an appeal. After the hearing, Mr Horgan said he had not yet decided if he would appeal to the Supreme Court.