MR Michael Lowry TD, the former minister for transport, energy and communications, and the Fine Gael party will have separate legal representation at the Dunnes Tribunal. Fianna Fail was the only other political party to see legal representation at the tribunal's first sitting in Dublin Castle yesterday, while Mr Lowry was the only politician to do so.
The tribunal is not expected to sit again until "one or two weeks after Easter", when it will begin hearing of evidence, according to Mr Justice Brian McCracken, the sole member of the tribunal.
At Dublin Castle yesterday, he heard applications from parties who wish to be legally represented before the tribunal, which will investigate payments by Dunnes Stores to politicians and political parties made between January 1st, 1986, and December 31st, 1996.
The company, which paid for the building of the extension to Mr Lowry's Co Tipperary home, will be separately represented, as will the Streamline company, which Mr Lowry was associated and which supplied Dunnes Stores. It sought leave to be represented during the tribunal, should it feel it necessary. This was granted.
In a separate development last night, it was reported that Mr Ben Dunne had spent the past 10 days preparing a 20 page document which his lawyers were said to have given yesterday to Judge Gerard Buchanan, whose inquiry into the affair on behalf of the Oireachtas led to the setting up of the tribunal.
Judge Buchanan declined to confirm or deny the RTE report - that Mr Dunne gave him the document, apparently to help the judge clear up outstanding questions in his separate and continuing investigation.
At the tribunal, Mr Dunne will have his own legal representation, while his sister, Ms Margaret Heffernan and brother, Mr Frank Dunne will share counsel. Dunnes holding companies and subsidiaries will be separately represented, as will Dunnes counsel for the tribunal will be Mr Michael Collins SC, Mr Denis McCullough SC, and Mr Tony Aston BL. They will be instructed by solicitor Mr John Lawless of the Chief State Solicitor's Office.
Mr Edward Comyn SC and Ms Nuala Butler BL, instructed by the Attorney General's Office, will represent the public interest.
Just two parties (other than the tribunal and the public interest, which have such as of right) sought, and were granted full representation. They were Mr Ben Dunne, and Dunnes holding companies, including all subsidiaries. Mr Dunne will be represented by Mr Seamus McKenna SC, Mr Paul Gallagher SC, and Mr Brian Murray BL, instructed by Mr Noel Smyth and partners, solicitors.
Dunnes' holding companies and all subsidiaries will be represented by Mr Garret Cooney SC, and Mr Richard Nesbitt SC, instructed by William Fry, solicitors.
A number of parties sought limited legal representation, i.e. the right to take part in proceedings where they or their reputations are concerned. Ms Heffernan and Mr Frank Dunne will be represented by Mr Adrian Hardiman SC and Mr Michael Cush BL, instructed by William Fry, solicitors. The trustees of the Dunnes settlement trust will be represented by Mr Patrick McEntee SC and Ms Fidelma Macken SC, instructed by Matheson Ormsby Prentice, solicitors.
Mr Michael was granted limited legal representation, by Mr Donal O'Donnell SC and Mr David Barnwell BL, instructed by Arthur Cox solicitors.
Mr Andrew Cody, a solicitor with the Reidy Stafford firm in Newbridge, Co Kildare, was granted leave to provide limited legal representation for Foxhill Homes, the Newbridge building firm which constructed the extension to Mr Lowry's home in Tipperary. Mr Dan O'Keeffe SC, instructed by Arthur Cox solicitors, for the Streamline firm, was granted leave to seek the right to represent his clients should he feel it necessary to do so.
Both Fine Gael and Fianna Fail sought limited representation, and this was granted. Representing Fine Gael will be Mr Kevin Feeney SC and Mr Charlie Meenan BL, instructed by Kevin O'Higgins solicitors. Fianna Fail will be represented by Mr Rory Brady SC and Ms Grainne Clohessy BL, instructed by Frank Ward, solicitors.
Counsel applying for limited representation all added that they may seek fuller representation at a later date. Mr McEntee said: "Like Mr Hardiman, I don't think at this stage my clients have sufficient interests to take part all the time." The matter, however, "may become clear over coming weeks".
Mr Justice McCracken said requests for greater representation "can be dealt with when the matter arises."
