Lawyers for the Dublin West TD, Mr Liam Lawlor, have told the High Court that their client believes Mr Justice Thomas Smyth may have a conflict of interest in hearing Mr Lawlor's contempt case.
In a new affidavit read to the court by Mr John Rogers SC for Mr Lawlor, he said the case should be assigned to another judge because of a "reasonable apprehension of bias" in regard to Mr Justice Smyth himself.
According to Mr Rogers, the possible conflict of interest emerged last week when Mr Lawlor discovered two documents relating to the rezoning of Quarryvale, one of which was advice given by a Mr Thomas C. Smyth - now Mr Justice Smyth.
Mr Smyth, in his capacity at the time as a Senior Counsel, was acting for Green Property plc., which was objecting to the rezoning of Quarryvale because of plans it had to develop the Blanchardstown town centre only 2 3/4 miles away.
The dispute, Mr Rogers said, originated when Green Property plc., which, he said, initially had no objection to the rezoning of Quarryvale, changed its mind. It then launched a campaign to have the rezoning decision rescinded, Mr Rogers continued.
Counsel for Mr Lawlor went on to say that this company was, as a result, an inevitable "protagonist" in the Flood Tribunal and that Mr Justice Smyth's role in the proceedings could be compromised.
Mr Rogers said it was not a problem of "actual bias" in the person of the court, but that in these circumstances the appearance of bias could be just as damaging.
As a result, Mr Rogers continued, his client had instructed him to ask the judge to step down from the proceeding, and he had also been instructed to go to another court to apply to have the order of October 24th instructing Mr Lawlor to reveal all his business affairs to the Flood Tribunal quashed.
In relation to the contempt charge, Mr Rogers said that he had instructed his client that failure to comply with the order of October 24th could have "significant and inevitable" consequences and that as a result he had advised Mr Lawlor to comply fully.
Mr Lawlor, as a result, was meticulously gathering together all documentation he had and, according to Mr Rogers, has been providing daily updates on new discoveries to Mr Frank Clarke SC for the Tribunal over the past week.
Mr Rogers said his client was both willing and anxious to assist the Tribunal in any way he could.
Proceedings will continue tomorrow morning.