O’Callaghan wins injunction against Mahon Tribunal

THE High Court yesterday granted an injunction to Cork property developer Owen O’Callaghan to stop further public hearings of the Mahon tribunal inquiring into matters related to the rezoning of Quarryvale pending the outcome of judicial review proceedings.

Mr Justice Quirke said the court would be in a position to hear those proceedings within the first four weeks of the new legal term.

Layers for Mr O’ Callaghan and others had sought the injunction to prevent the Mahon tribunal from further inquiring into or making any findings on allegations made against him by developer Tom Gilmartin.

The tribunal’s Quarryvale two module opened last week but evidence from former government press secretary Frank Dunlop was delayed as a result of Mr O’ Callaghan’s legal proceedings. The tribunal has not sat since adjourning last week pending the outcome of the injunction application.

Mr Justice Quirke said the allegations against Mr O’ Callaghan and the other applicants were “of considerable gravity.” He said allegations of wrongdoing had been made including an allegation that the applicants have made payments to Mr Frank Dunlop and these allegations may be repeated or expanded in oral testimony before the tribunal.

The judge said what was at issue is the potential effect or damage to the constitutionally protected rights of the applicants to their good name if the tribunal resumes.

He said the court must determine whether a postponement of the public hearing of the tribunal was warranted for a period of working weeks.