Mr Liam Lawlor is considering appealing yesterday's decision by a High Court judge not to step down from a case involving the West Dublin TD.
Mr Justice Smyth firmly rejected the TD's application to have him removed from the case, in which Mr Lawlor is accused of failing to co-operate with the Flood tribunal. The case, which could result in Mr Lawlor being jailed for contempt of court, resumes today.
While Mr Lawlor's legal team did not indicate in court that they would appeal the decision, they later refused to rule out this course of action. Mr Lawlor said he needed to consult his lawyers before making a decision.
The TD has gone to the Supreme Court twice in matters relating to the tribunal's inquiries into his business affairs.
Mr Lawlor had claimed there was an "apparent bias" because Mr Justice Smyth, as a senior counsel in 1991, had written a legal opinion for Green Property. This company opposed the rezoning of Quarryvale, which Mr Lawlor promoted. Quarry vale is central to the tribunal's investigations into Mr Lawlor.
Yesterday, Mr Justice Smyth said he did not feel compromised by a piece of advice he gave a decade ago. He would not be "embarrassed" into relinquishing his duty to carry out his work.