The Fitzwilton group is to appeal to the Supreme Court against 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.
Maurice Collins, for Fitzwilton, told Mr Justice Kevin Feeney in the High Court yesterday that his clients intended to appeal the High Court decision and the appeal was at an advanced stage of preparation.
Michael Collins, for the Mahon tribunal, gave an undertaking to the court that eight weeks' notice would be given to the company of any intention to proceed with the Fitzwilton module at the tribunal.
Fitzwilton had claimed the tribunal could not proceed to public hearing because this would be in breach of its terms of reference as amended in December 2004. It contended 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 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 which should proceed to public hearing. He said no precise wording was required and the April 2005 document records the decision in writing.
The judge said he was satisfied the tribunal had complied with the requirements in its terms of reference.