Mahon appeal to be heard in weeks

CORK property developer Owen O’Callaghan’s appeal against the High Court’s rejection of his bid to prevent the Mahon tribunal’s further inquiring into or making any findings on allegations made against him by developer Tom Gilmartin will be heard within weeks the Supreme Court indicated yesterday.

Jack Fitzgerald SC, for the tribunal, undertook before the Supreme Court yesterday that the tribunal would not proceed, pending the appeal, to public inquiries into those allegations. The tribunal proposes to carry out those inquiries in its Quarryvale Two module.

Mr Fitzgerald said his side was anxious to have an early hearing and would have its response to the appeal submissions from Mr O’Callaghan, which they had received yesterday, ready within days.

Paul Gallagher SC, for Mr O’Callaghan, told the court his side’s books of appeal were ready but it was hoped agreement could be reached with the tribunal side regarding the contents of those books in order to limit the quantity of documents before the court.

His side had no difficulty with the tribunal continuing with private hearings but wanted a stay on public hearings into the allegations against Mr O’Callaghan.

Mr Gallagher also noted that the High Court had stated that a stay on an order for costs made against Mr O’Callaghan would continue on the basis of the books being ready by yesterday. It is believed the costs of the unsuccessful High Court action run to about €2 million.

Mr Justice Adrian Hardiman, presiding, and sitting with Mr Justice Hugh Geoghegan and Mr Justice Nicholas Hearns, said the court was concerned that this matter was of public as well as private importance.

While it was not yet ready for an expedited hearing, the sides could apply to the court in two weeks time when the appeal documents would be finalised for an early hearing date for the appeal.

Earlier this month, Mr Justice Thomas Smyth dismissed on all grounds the challenge brought by Mr O’Callaghan; Mr John Deane, a solicitor and a partner in O’Callaghan Properties; Riga Ltd, of Lavitt’s Quay, Cork and Barkhill Ltd, the company which developed the Liffey Valley centre in Dublin.

Mr O’Callaghan had claimed Mr Gilmartin has made “entirely untrue” allegations in private to the tribunal, including claims that Mr O’Callaghan had made offshore payments to senior politicians.

He claimed those allegations were never mentioned in evidence by Mr Gilmartin at the tribunal’s public sessions and were concealed by the tribunal.

Mr Justice Smyth said he was satisfied, following court decisions requiring the tribunal to disclose certain documents to Mr O’Callaghan and to adhere to certain procedures, that the tribunal had adapted its policies and that Mr O’Callaghan and other parties would be given the opportunity for a full and effective cross-examination of Mr Gilmartin.

The evidence in Quarryvale One is not yet complete and that in Quarryvale Two not begun, the judge said. It would be premature for the court to inhibit the tribunal from discharging its task to hear the evidence.

The judge also rejected claims that Mr Gilmartin was accorded special or preferential status by the tribunal or that the tribunal’s dealing with him, when compared with its dealing with Mr O’Callaghan, amounted to inequality of treatment or objective bias.