Lawyers for key figures in planning tribunal request postponement of hearings

Lawyers for two of the central figures in the planning tribunal have written to the chairman, Mr Justice Flood, seeking a postponement of hearings involving Mr James Gogarty which were scheduled to start next month.

Solicitors for Mr Michael Bailey and Mr Joseph Murphy Snr, who feature in Mr Gogarty's affidavit to the tribunal, have made separate applications saying they need more time to investigate and respond to his allegations.

Their applications raise the possibility of further delays in the work of the tribunal, which was established a year ago. Mr Justice Flood is likely to decide whether to accede to the requests over the next few days.

At last week's sitting of the tribunal, Mr Justice Flood invited counsel to submit their observations within a week on the future progress of the tribunal, in particular the hearing of evidence from the first and most important witness, Mr Gogarty. Mr Gogarty, a former senior executive of Joseph Murphy Structural Engineering, has made a detailed 45-page statement which was given to other parties to the tribunal last week. Media reports of his original allegations were central to the events which led to the establishment of the tribunal. They also led to the resignation last year of the minister for foreign affairs, Mr Ray Burke.

The parties seeking a postponement are believed to have pointed out that whereas the tribunal had almost a year to make its investigations, only three weeks would elapse between the filing of Mr Gogarty's affidavit and the hearing of his evidence.

One source said it would be "grossly unfair" to the subjects of the allegations to have so short a time to prepare for those hearings.

Mr Justice Flood said last week he intended to begin public sittings on November 16th. These would start with the hearing of Mr Gogarty's evidence, which is expected to take at least two days. Cross-examination would then continue for about a week. Those named in his affidavit, including Mr Bailey, Mr Murphy and Mr Burke, would then be called as witnesses.

If Mr Justice Flood does agree to a postponement, public hearings of the tribunal are unlikely to begin until the new year.

The tribunal is investigating the planning history of certain lands in north county Dublin, including whether they were the subject of rezoning motions or planning permission applications; what public representatives proposed or supported such applications; whether these public representatives received any money from persons or companies who had beneficial ownership of the lands; what public officials considered such applications or made recommendations or decisions concerning them; whether these public officials received any money from Mr James Gogarty or Mr Michael Bailey; and whether any relevant public representatives or officials were influenced by the receipt of any such money.

It was set up following revelations that Mr Burke received £30,000 in cash from Joseph Murphy Structural Engineering in 1989. The tribunal's terms of reference were changed last June after it was discovered that Mr Burke had received a second payment of £30,000 from Rennicks Ltd, a subsidiary of the Fitzwilton Group.