Two prominent barristers representing clients at the planning tribunal are considering suing its former chairman, Mr Justice Feargus Flood, and RTÉ over comments made by the retired judge on radio last week.
Senior counsels Garrett Cooney and Colm Allen have taken offence to comments made by Mr Justice Flood on RTÉ Radio 1's Tonight with Vincent Browne last Wednesday. Friends and colleagues have advised the pair to take action, arguing that their professional reputations are at stake.
A source close to Mr Allen said he was "very, very upset and angered" not only by the comments but by the fact that they went out on air.
Mr Allen, who represented the Bailey brothers as well as lobbyist Frank Dunlop at the planning tribunal, and Mr Cooney, who represented Joseph Murphy jnr and the engineering firm JMSE, had clashed with Mr Justice Flood on a number of occasions at the inquiry.
The former chairman accused the pair of introducing an "adversarial factor" to the tribunal, and of using "virulent language".
In February 1999, after a series of sharp exchanges, Mr Justice Flood ordered Mr Cooney to withdraw from proceedings. Although the order was revoked a short time later, the chairman continued to criticise the senior counsel, saying Mr Cooney had a "desire to bully" and had attempted to "override any attempt to conduct this tribunal".
It is understood that Mr Allen and Mr Cooney are taking separate legal advice with a view to serving papers against Mr Justice Flood and RTÉ. An RTÉ spokeswoman said yesterday it was unable to comment, while attempts to contact Mr Justice Flood for comment were unsuccessful.
