The Supreme Court has reserved judgment on an appeal by the Fitzwilton group over the High Court's refusal to restrain the Mahon tribunal from holding a public hearing into the payment in 1989 by one of its companies of £30,000 to former minister Ray Burke for Fianna Fáil funds.
Presenting the appeal yesterday, Paul Gallagher SC said the tribunal could not proceed with a public hearing into this matter because this would be in breach of its terms of reference as amended in December 2004.
Fitzwilton contends those terms required the tribunal to stipulate in writing what matters would go to public hearing by May 1st, 2005, and it claimed the Fitzwilton payment was not so stipulated.
In his judgment last December, Mr Justice Kevin Feeney said the court was satisfied that a tribunal document of April 28th, 2005, was clearly a written record of the decision taken by the members of the tribunal on that date listing the additional matters that should proceed to public hearing.
He said no precise wording was required and the April 2005 document recorded the decision in writing. The judge said he was satisfied the tribunal had complied with the requirements in its terms of reference.
The appeal concluded yesterday and the five-judge court reserved judgment.