BUSINESSMAN OLIVER Barry has brought a High Court action aimed at quashing findings that he obstructed and hindered the Mahon/Flood tribunal’s inquiry into claims he had made a payment to former Fianna Fáil minister Ray Burke.
The former Century Radio founder is also challenging the tribunal’s refusal to grant him his legal costs, which he says are more than €610,000, arising from his involvment with the tribunal.
Leave to bring the action was granted by Mr Justice Michael Peart yesterday following an ex parte application and proceedings.
In his action against the tribunal, Ireland and the Attorney General, Mr Barry wants a declaration quashing findings in the tribunal’s second interim report of September 26th, 2002, that he obstructed and hindered it.
He claims the findings are in excess of the tribunal’s powers and in breach of fair procedures and his constitutional rights. Mr Barry, Hollystown Golf Club, Dublin 15, is also seeking orders quashing the tribunal’s decision of March 7th this year upholding a previous decision refusing him his costs.
Yesterday, senior counsel Hugh Mohan, for Mr Barry, said the action arose from a recent Supreme Court judgment, Joseph Murphy v Flood,to the effect the tribunal was not entitled to investigate questions of obstruction and hindrance or make findings of obstruction and hindrance.
Mr Mohan said his client was involved in the tribunal’s Century module, which investigated a payment by Mr Barry of £35,000 (€44,440) allegedly made to Mr Burke. Counsel said Mr Barry gave evidence before the tribunal over 14 days between 2000 and 2001. His lawyers attended for 79 days and he was involved with extensive discovery with the tribunal.