DEVELOPER OWEN O’Callaghan has brought a legal challenge to the Mahon planning tribunal findings that he was involved in making corrupt payments to councillors over the rezoning of lands where the Liffey Valley Shopping Centre in Dublin was built.
Mr O’Callaghan claims the findings were based on vague and uncertain definitions of corruption. The tribunal also gave him no opportunity to address the findings before its final report was published, he alleges.
The tribunal decided, among other findings, that Mr O’Callaghan paid lobbyist Frank Dunlop £70,000 in November 1992 for which the primary purpose was to fund payments to politicians associated with the Quarryvale-Liffey Valley project.
It found Mr O’Callaghan was fully aware and actively engaged in the “corrupt disbursement” of substantial monies by Mr Dunlop.
Mr O’Callaghan has always maintained he knew nothing of Mr Dunlop’s corrupt payments.
Mr Justice Brian McGovern yesterday granted leave to Paul Sreenan SC, for Mr O’Callaghan, to seek an order quashing the decision of the tribunal to make findings against him. The judge also granted Mr Sreenan permission to seek an injunction directing the tribunal to delete those findings and submit its final report to the Oireachtas with that amendment.
Mr O’Callaghan is also seeking a declaration that the findings were in breach of natural and/or constitutional justice and/or fair procedures. The application was made on an ex parte basis (only Mr O’Callaghan’s side represented) and was returned to October.
Mr Sreenan said the essence of the case was that the findings were made without the allegations of corruption having been put to Mr O’Callaghan when he was being examined during the tribunal’s Quarryvale two module in 2008.
Mr O’Callaghan had previously brought proceedings over the tribunal’s refusal to give him its draft findings.