Mahon faces costs bill over £30,000 Fitzwilton payment

THE MAHON Tribunal faces a substantial legal costs bill arising from the Fitzwilton Group’s successful challenge against the tribunal’s decision to hold a public hearing into a IR£30,000 political contribution by Fitzwilton to Fianna Fáil.

The June 1989 payment was made via the then Minister Ray Burke for the Fianna Fáil party.

Last week, the five-judge Supreme Court unanimously held that the tribunal had no jurisdiction to hold a public hearing in relation to the payment and had failed to comply with its amended terms of reference.

The matter came before the court again yesterday, when the issue of costs was addressed.

Ms Justice Susan Denham, presiding, said the court would order that High Court and Supreme Court costs would go to Fitzwilton, excluding costs of discovery.

The Fitzwilton Group had appealed 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.

The case centred on the amended terms of reference of the tribunal as set down by the Houses of the Oireachtas in December 2004, which listed specific matters which were to proceed to a conclusion.

Fitzwilton appealed against an earlier High Court decision, contending the amended terms of reference required the tribunal to stipulate what matters would go to public hearing by May 1, 2005, and it claimed the Fitzwilton payment was not so stipulated.

The IR£30,000 donation, the court was told, was intended for Fianna Fáil and in 1998 Fitzwilton first became aware that Fianna Fáil had not received all the money.