Liam Lawlor's widow has secured leave in the High Court to bring an action aimed at preventing the Mahon planning tribunal from making any findings of serious misconduct against herself or her husband unless it can prove those beyond reasonable doubt.
Hazel Lawlor claims the tribunal destroyed the life of her husband, herself and their family and displayed a "vindictive and vengeful" attitude towards her husband. She was in fear of the powers of the tribunal and how they might be used against her, she added.
Her husband had felt he was in a David and Goliath struggle and the State was mercilessly deploying unlimited resources against him. He was acutely conscious of the effects on his family, especially on his wife and children.
"It would be no exaggeration to say that my late husband and I felt that the tribunal proceedings were akin to being taken up and shaken by a giant," she said
The order for her to appear as a witness was posted on the planning tribunal website while the family were still in bereavement and she was not personally informed of the order, she said.
Martin Giblin SC, for Ms Lawlor, Somerton House, Lucan, Co Dublin, yesterday got leave from Mr Justice Michael Peart to bring judicial review proceedings in which she is seeking a number of orders and declarations including an injunction restraining further inquiries by the tribunal into matters concerning her.
She is also seeking several declarations, including that the tribunal may not make findings of serious misconduct against her husband, who died in a car crash in Moscow in October 2005, or against herself, unless supported by evidence proven beyond any reasonable doubt, not on the basis of balance of probabilities.
"My family and I are deeply concerned that this act, which we view as callous and offensive, indicates that we will be subjected to similar treatment to that meted out to my late husband for reasons which we are at a complete loss to understand.
"I am in personal fear of the powers of the tribunal and the uses to which these powers will or could be put against me and my family. Without effective legal representation we feel completely exposed and fear that the unjust attack on my late husband is now to be redirected against us."
The case will come before the court again on February 21st.