BUSINESSMAN OWEN O’Callaghan and John Deane are among a number of Cork-based individuals and companies who have taken a High Court challenge to the Mahon tribunal’s refusal to give them any draft findings relating to them which may be included in its final report.
They claim the tribunal’s refusal to provide them with the information prior to publication of its final report breaches their rights to fair procedures and to their good names.
Mr Justice Michael Peart yesterday granted leave to Mr O’Callaghan, Glen Farm Upper, Rochestown Road; Mr Deane, Invercairn, Monastery Road; Riga and Barkhill Ltd, with registered addresses at Lavitt’s Quay, Cork; Aidan Lucey, Birchley, Model Farm Road; Clare Cowhig, Dunboige, Churchyard Lane, Well Road; and CHK Partnership, South Mall (all Cork) to bring judicial review proceedings against the tribunal.
The application arises from evidence given to the tribunal over Barkhill’s acquisition of an interest in the Quarryvale site in Co Dublin.
Mr O’Callaghan and Mr Deane, a solicitor and property developer, are both directors of Riga and Barkhill and Mr Lucey is the secretary of both firms. Ms Cowhig, an accountant with CHK, gave evidence related to work done for the O’Callaghan companies.
The plaintiffs want orders quashing the tribunal’s refusal of October 28th and December 19th, 2008 to give them any draft findings referring to them to be incorporated in the tribunal’s report.
They want an order compelling the tribunal to provide each of them with a copy of any draft findings relating to them and the opportunity to be provided with a reasonable opportunity of being heard in connection with any such findings.
Paul Sreenan SC, for the plaintiffs, said while his clients were aware of allegations made mainly by Tom Gilmartin and to a lesser extent by broadcaster Eamon Dunphy, they had not been furnished with any statement or list of allegations made against them which the tribunal has indicated it is investigating.
No statement of allegations of any fashion had ever been outlined privately or in public against the applicants, counsel said. The applicants could not make meaningful submissions in the absence of any statement of allegations and it was on that basis copies of any draft findings were sought.
Counsel said the tribunal’s refusal will impugn his clients good name and breaches their entitlement to fair procedures. All had given extensive evidence to the tribunal, with Mr O’Callaghan giving 15 statements. His clients had asked the tribunal for any draft findings to be provided so meaningful submissions could be made.
In an affidavit, Mr O’Callaghan said the tribunal has been a significant feature in his life for the last 10 years and had taken an immense toll on his business.