The High Court has cleared the way for the Quarryvale Two module of the planning tribunal to proceed on Monday, after the widow of the late Liam Lawlor TD yesterday lost her High Court bid to restrain the start of the public hearings of the inquiry.
Mr Justice Iarfhlaith O'Neill refused Hazel Lawlor's application for a stay on the hearings on grounds of unacceptable delay.
The judge said there was a great public interest in having the tribunal complete its inquiries as quickly as possible, and the delay of 18 months in bringing the application was "unacceptable".
Ms Lawlor was not the only person to be interested in the proceedings of the tribunal and many others were affected by the tribunal proceedings and wanted an opportunity to deal with allegations against them, he said.
The longer the delay in concluding the inquiries, the more the quality of the inquiry was susceptible to hazard, the judge said. While he had the utmost sympathy for Ms Lawlor in her bereavement and ill-health, the proceedings were prepared by lawyers and could have been brought much sooner, he said.
Ms Lawlor, of Somerton House, Lucan, Co Dublin, had sought the stay pending the outcome of her judicial review challenge to the Mahon tribunal, in which she is seeking a number of orders and declarations against the tribunal. The judge ruled yesterday that the judicial review challenge may proceed but on more limited grounds than those advanced by Ms Lawlor. He found she did not have the required legal standing to pursue certain grounds.
The Quarryvale Two module into the rezoning of lands at Carrickmines opened briefly with a statement in October 2005 but did not embark on public hearings, pending the outcome of a challenge by property developer Owen O'Callaghan.
After his action was dismissed by the Supreme Court last month, the Quarryvale Two module was due to begin on Monday with a new opening statement.
Developer Tom Gilmartin will take the stand on Tuesday. More than 130 witnesses have been listed for the public hearings, including Taoiseach Bertie Ahern, who is due to give evidence at the end of May.
Ruling on an application by the tribunal to set aside the leave granted to Ms Lawlor to bring her judicial review challenge, the judge said he would allow the challenge proceed on some grounds but would set aside the leave granted to pursue other grounds.
He noted that counsel for the tribunal had told the court that the tribunal had, on a humanitarian basis and as a "concession", given legal representation to Ms Lawlor as the personal representative of Liam Lawlor - who died in a car crash in Moscow in October 2005 - to defend his reputation in the public hearings.
There was nothing to suggest the tribunal had interpreted the granting of representation to Ms Lawlor as a concession, the judge said.
He was satisfied the High Court had jurisdiction to determine the judicial review proceedings of Ms Lawlor.
He was also satisfied she had the required legal standing to seek orders restraining the tribunal from making findings of serious misconduct against her late husband unless supported by evidence proven beyond reasonable doubt.
Ms Lawlor could also pursue reliefs in relation to her right to legal representation before the tribunal, the judge added.
In her action, Ms Lawlor is seeking a declaration that the tribunal should make all necessary arrangements to enable her to engage effective legal representation.