Businessman Owen O'Callaghan is one of a group of individuals and firms that today secured leave from the High Court to challenge the Mahon Tribunal's refusal to furnish them with any draft findings that relate to them contained in the tribunal of inquiry's report.
The group claim that the tribunal's refusal to provide them with information is a breach of their rights to fair procedures and will damage their reputations.
Today at the High Court Mr Justice Michael Peart granted leave to Mr Owen O'Callaghan, Glen Farm Upper Rochestown Road, Mr John Deane, Invercairn, Monastery Road, Riga and Barkhill Ltd with registered addresses at Lavitt's Quay Cork, Mr Aidan Lucey Birchley, Model Farm Road, Ms Clare Cowhig, Dunboige, Churchyard Lane, Well Road and CHK Partnership South Mall (all Cork) to seek judicial review against the decision of the Mahon Tribunal members Judges Alan Mahon, Gerald Keys and Mary Faherty.
All of the individuals have given evidence to the tribunal over Barkhill's acquisition of an interest in the Quarryvale site in Co Dublin, in an area now known as Liffey Valley Shopping Centre.
Mr O'Callaghan is a director of Riga and Barkhill. Mr Deane, a solicitor and property developer is also a director of the two companies. Mr Lucey is the secretary of both firms.
Ms Cowhig, an accountant practising in the partnership with CHK, gave evidence because of work she did for the O'Callaghan companies.
Mr Justice Peart made the matter returnable to early next month.
The group are seeking orders quashing the tribunal's refusal of October 28 and December 19 2008 to furnish them with any draft findings referring to them which is to be incorporated in the Tribunal's report.
The are also seeking an order compelling the tribunal to provide each of them with a copy of any draft findings that relate to them, and the opportunity to be provided with a reasonable opportunity of being heard.
They are further seeking a declaration that that they are entitled to the copies of any draft findings.