A former Taoiseach Mr Charles Haughey is appealing the High Court decision preventing him getting documents from the Moriarty Tribunal, the Supreme Court was told yesterday. The appeal may be heard by the Supreme Court next week.
Mr Haughey and other members of his family want the documentation from the tribunal in preparation for their forthcoming action in which they are trying to stop Mr Justice Moriarty investigating their financial affairs.
That action - which is being taken by Mr Haughey, his wife Maureen, daughter Mrs Eimear Mulhearn and sisters, Ms Ethna and Ms Maureen Haughey - may be heard on February 17th.
In the Supreme Court yesterday, morning, Mr Eoin McGonigal SC, for Mr Haughey, said he was seeking an early date for the appeal against the High Court's decision not to grant him access to certain documents in the possession of the tribunal.
Mr Haughey's side had sought a number of documents including a so-called "clarification letter" sent by the tribunal to the Government Chief Whip. The letter was not opened to the court but it was stated to have clarified earlier correspondence from the tribunal seeking details of payments of more than £500 made to TDs and senators while they were members of the Oireachtas.
The application for production of the documentation was rejected by Mr Justice Geoghegan earlier this week.
Mr Haughey's application for an early date for the appeal against the refusal to direct the tribunal to hand over the documents was supported by lawyers for the tribunal and the State.
The Chief Justice, Mr Justice Hamilton, said that while he appreciated the importance of the case, the court already had a heavy workload. The Chief Justice told the lawyers to return to court tomorrow when he might be able to fix a date for the appeal hearing towards the end of next week. Later yesterday, in the High Court, Mr McGonigal informed Mr Justice Geoghegan of what had transpired in the Supreme Court earlier.
Counsel said he had discussed the situation with the other counsel and, subject to the court's availability, was seeking February 17th as the date for the hearing of the full action.
He said that he and Mr Frank Clarke SC, for the State in the action, had identified an issue in Mr Clarke's defence which could and should be taken as a preliminary issue. That related to whether Dail resolutions were in the jurisdiction of the Dail and were subject or not to judicial review.
Mr McGonigal said there was no agreement about whether that issue could be tried as a preliminary matter and he asked the judge to put it in for mention next Tuesday. If there was agreement that it should be tried as a preliminary issue, then he would seek a date for the hearing.
Mr Justice Geoghegan said he would list the possible preliminary matter for mention on Tuesday. He said he would discuss the matter of a date for the full hearing with the President of the High Court, Mr Justice Morris.