Witnesses found to be corrupt by the Planning Tribunal may be awarded their legal costs, tribunal chairman Judge Alan Mahon indicated today.
Outlining the criteria on which he will make his decision on costs sought by 16 witnesses, Judge Mahon said automatically denying costs to witness found to have been corrupt could hinder the tribunal's work and be counter to the public interest.
"In circumstances where, for example, a party has co-operated fully with the tribunal by providing truthful information to the tribunal and is subsequently reported upon by the tribunal to have been corrupt, such a finding will not of itself prevent such a person from recovering their costs," Judge Mahon said in his ruling on cost this morning.
He said to "remove or reduce the incentive of parties" to assist the inquiry would be "counterproductive to the tribunal and detrimental to the public good".
However, Judge Mahon indicated that that this element of his ruling did not prevent him from denying costs to applicants.
While reserving the right to exercise his discretion, Judge Mahon outlined four criteria on which he will make his decision:
- the relevant legislation
- failure to co-operate with the inquiry
- failure to provide assistance to the inquiry
- knowingly providing information that is false or misleading
He maintained that he had jurisdiction on the matter despite not chairing the tribunal at the time for which the costs are being sought. The claims are based on the inquiry's second and third interim reports which were prepared by then chairman Mr Justice Feargus Flood.
"I was mindful of the fact that there are currently three sets of High Court proceedings in being which seek, either directly or indirectly, to challenge my jurisdiction ... such matters are properly dealt with by the courts and ... I am satisfied that it is appropriate for me to proceed to carry out the tasks which I have been directed to perform by the Oireachtas under the current legislation," Judge Mahon said in his ruling.
Among the applicants for costs is former government minister Mr Ray Burke who is facing a legal bill of over €10 million and Fianna Fáil political advisor and former government press secretary Mr PJ Mara.
Others who made applications are developers Tom and Michael Bailey; Brennan and McGowan and Mr Joseph Murphy, along with concert promoter and entrepreneur Mr Oliver Barry.
Judge Mahon said all applications must be made in writing within seven days and oral hearings would begin not later that Tuesday July 13th.
Judge Mahon said today he would take account of the views of the Attorney General and the Minister for Finance in making any awards. Both have argued that those found to have obstructed or hindered the tribunal should not be given costs which could amount to €50 million - a bill footed by the taxpayer.