Supreme Court reserves judgment over refusal to restrain Mahon hearing

THE Supreme Court has reserved judgment in an appeal brought by the Fitzwilton group over the High Court’s refusal to restrain the Mahon Tribunal from holding a public hearing into the payment in 1989 by one of its companies of IR£30,000 to former Minister Ray Burke for Fianna Fáil funds.

Opening the appeal at the Supreme Court yesterday Counsel for Fitzwilton Paul Gallagher SC said that the Tribunal “cannot proceed” with a public hearing on this matter because this would be in breach of its terms of reference, amended in December 2004.

Fitzwilton contends those terms required the Tribunal to stipulate in writing what matters would go to public hearing by May 1, 2005, and claimed the Fitzwilton payment was not so stipulated. In his judgment last December, Mr Justice Kevin Feeney said the court was satisfied that a tribunal document of April 28, 2005, was clearly a written record of the decision taken by members of the tribunal listing additional matters to proceed to public hearing.

He said no precise wording was required and the April 2005 document records the decision in writing. The judge said that he was satisfied the tribunal had complied with the requirements. The Supreme Court appeal was heard by Ms Justice Susan Denham, Mr Justice Nicholas Kearns, Mr Justice Hugh Geoghegan, Mr Justice Nial Fennelly and Mr Justice Paul Butler.