The High Court has granted Fitzwilton the right to challenge the decision of the Mahon tribunal to hold public hearings into a IR£30,000 payment by the company to Ray Burke.
Ms Justice Mary Finlay Geoghegan today granted Fitzwilton leave for a judicial review into the tribunal's decision and set the hearing date for September 20 th. The tribunal had planned to start the public hearings on September 21 st.
Counsel for Fitzwilton, John Gordon SC, said the company was seeking a declaration that the tribunal's refusal to allow Fitzwilton access to particular documents was a breach of fair procedures and natural and constitutional justice.
Fitzwilton is also seeking to quash the tribunal's decision refusing access to the documents and an order compelling the tribunal to make them available to Fitzwilton's legal team.
Judge Finlay Geoghegan heard that before the 1989 General Election, Fianna Fail officially solicited a political contribution of IR£30,000 from Fitzwilton. The company made gave the money to Mr Burke at his house on June 7th, 1989.
At Fianna Fail fundraising lunch the Westbury Hotel the next day, the party had sought the contribution from Mr Burke. He had handed over only IR£10,000.
Members of Fianna Fail's fund raising committee had made a complaint to the then Taoiseach Charles Haughey about the IR£20,000 shortfall and Mr Haughey had informed them to leave the matter to him.
Fitzwilton claimed in court that Mr Burke was well aware the contribution was a political contribution to Fianna Fail and that a crossed cheque had been made payable to cash at Mr Burke's suggestion.
The company had not become aware until 1998 that Mr Burke had retained IR£20,000 and claimed in court that Fitzwilton's former chairman, Sir Anthony O'Reilly, had not learned until some ten years later that the political contribution had been made.
Fitzwilton had been contacted by the tribunal in April 1998 about the contribution which was now the subject of an investigation by the tribunal and significant comment in the media. On July 15th last, the tribunal had informed Fitzwilton that public hearings relating to the political contribution would commence on September 21st.
Fitzwilton had sought delivery of documents including all material received by the Tribunal from Fianna Fail to include any and all of the party's banking records and witness statements. These had been refused.
Mr Gordon told Judge Finlay Geoghegan that Fitzwilton was gravely concerned the refusal would prejudice the company at the forthcoming public hearings and seriously impair their capacity to vindicate their good names.
The judge granted Fitzwilton's legal team to service notice of motion on the Tribunal by tomorrow evening and granted the Tribunal a further seven days to file grounds of opposition to Fitzwilton's legal challenge.