The Flood tribunal has rejected an application by lawyers for the family of the late Cllr Tom Hand to have its investigations into the deceased Fine Gael politician brought to an end.
The legal team representing the interests of Cllr Hand had argued that their client could not get a full and fair hearing from the tribunal because he is unable to answer questions. The tribunal is investigating allegations that Cllr Hand and other county councillors took bribes in return for their votes on rezoning motions in the 1990s.
In his ruling, Mr Justice Flood also rejected an application by Mr Hand's lawyers for access to all the allegations against their client. Only statements relevant to the current module of the tribunal's investigations, which deals with allegations concerning the rezoning of land at Carrickmines, would be provided at this stage, he said.
The chairman said this was necessary to ensure the tribunal carried out its inquiries in an orderly and fair manner. He did, however, grant Mr Cormac Ó Dúlacháin, for the family of Cllr Hand, legal representation at the tribunal on the same level as that accorded to living councillors.
The tribunal's ruling will affect two other deceased politicians, Fianna Fáil Cllrs Jack Larkin and Cyril Gallagher, who are under investigation in the current module, as well as any other dead councillors who feature in later investigations.
Mr Justice Flood said there were many instances in which the courts had to investigate a person who had died; for example, in a road traffic accident, where allegations of negligence had been made against a driver who died at the scene.
There was nothing, therefore, to prohibit a court or tribunal from hearing evidence against someone who had died, notwithstanding the fact that the person was not able to give evidence.
In such circumstances, the court or tribunal must closely examine other factual, circumstantial evidence, such as diaries or bank accounts, before making any decisions.
The tribunal was concerned to protect and minimise the damage to individuals, whether living or dead, from its investigations. The chairman quoted from a recent ruling by Ms Justice Laffoy of the Commission into Child Abuse, which emphasised the importance of finding someone to represent and protect the interests of a deceased person.
