A property developer Mr Owen O'Callaghan opened proceedings against the planning tribunal in the High Court yesterday over its refusal to permit his legal representatives access to oral and written statements made to it by Mr Tom Gilmartin.
Mr O'Callaghan (53) submits that allegations made against him by Mr Gilmartin for the first time during his testimony are "profound" and impugn his good name and that the documents being sought are required by his lawyers for their cross-examination of the witness.
During his evidence to the tribunal, Mr Gilmartin - who was again in the witness box at the tribunal yesterday - has alleged that Mr O'Callaghan was "a crook and a blackmailer" who held him to ransom for his lands and took steps through various councillors to ensure appropriate zoning for Quarryvale was not obtained when Mr Gilmartin was in charge of the site.
Mr Justice White was also told yesterday that it was alleged Mr O'Callaghan had the route of the Jack Lynch Tunnel in Cork altered to suit the development of lands at Mahon, Cork.
The judge gave Mr O'Callaghan leave to seek a declaration by way of judicial review that the tribunal's refusal to permit him, through his legal representatives, access to oral and written statements by Mr Gilmartin to it amounts to a failure to observe and protect the applicant's rights to fair procedures.
Mr O'Callaghan also obtained permission to seek an order quashing a tribunal decision of March 24th last refusing access to the documentary records of prior written and oral statements by Mr Gilmartin.
Mr O'Callaghan, of Upper Rochestown, Cork, claims that his entitlement to fully test the recollection of Mr Gilmartin has been impaired.
He submits that he prepared one long statement for the tribunal and afterwards was requested to provide five further statements.
He has made discovery of in excess of 35,000 documents and was not afforded any opportunity to withhold documentation for any reason, whether confidentiality or otherwise.
Mr Richard Martin, solicitor, in an affidavit for Mr O'Callaghan, said his client was a property developer and a director of a number of companies, in particular Riga Ltd, Barkhill Ltd and O'Callaghan Properties Ltd.
He had been in property development for 35 years and had interests in developments in Cork, Dublin and the UK. He continued to develop properties both alone and in partnership with others.
Mr Martin said that in order to properly cross-examine Mr Gilmartin, it was essential in the interest of fairness and transparency that any prior statements of Mr Gilmartin be made available to the interested parties, as they were relevant.
Without such access, counsel for Mr O'Callaghan could not complete a meaningful and effective cross-examination of Mr Gilmartin, he said.