An action by the former taoiseach, Mr Charles Haughey, and members of his family to stop the Moriarty tribunal investigating their financial affairs
has been adjourned because of Mr Haughey's medical condition. The hearing, due to open in the High Court yesterday, was adjourned to March 24th.
Mr Justice Geoghegan, who was to have heard the case, was told yesterday that Mr Haughey, who recently broke his leg in a horse-riding accident, was unable to come to court to give evidence.
Mr Haughey fell from his horse at Portmarnock Strand, Co Dublin, and was detained in the Mater Hospital.
Mr Colm Condon SC, for Mr Haughey, referred to a medical report from a doctor attending the former taoiseach. Counsel added that he and his solicitor had seen Mr Haughey on Monday. It was clear that Mr Haughey was in no position to come to court, he said. The doctor thought he would be in a position to do so in three weeks.
Asked by the judge if it was intended that Mr Haughey would give oral evidence, Mr Condon said it was. Mr Haughey and three or four others would give oral evidence.
Mr Condon handed in the medical report to the judge, who read it. It was not opened in court.
Counsel said he had communicated with the other side and asked that the case be put back for three weeks. He suggested that if it was adjourned from yesterday, it should be mentioned on March 13th to confirm that it would be ready in three weeks.
Mr John Coughlan SC, for the tribunal, said he was not opposing the adjournment if Mr Haughey was unwell and unable to attend. But his client was extremely anxious that the case should proceed.
Mr Justice Geoghegan accepted the report's genuineness, but said the tribunal was there and had to go on with its business. A three-week adjournment was not impossible and he assumed that the reality was that there was still a lot of paper work to be done. There was no hint yet of public hearings.
Mr Coughlan said the tribunal's work would not be held up in that regard by an adjournment. Mr Frank Clarke SC, for the State, said that if Mr Haughey was likely to be 'unready' within three weeks, consideration might have to be given to alternative means of taking his evidence. Strictly speaking, he was not consenting to an adjournment.
Mr Justice Geoghegan said that even if Mr Haughey was on crutches, they could make facilities for him to give evidence.
He adjourned the case to March 24th, but it is to be mentioned in court on
March 13th to ensure that it is ready for hearing on the later date.