A retired chairman of the Irish Council of People with Disabilities, Mr Frank Mulcahy, is to apply to the High Court for an order to prevent publication of a report into the council's affairs compiled on behalf of the Minister for Justice, Equality and Law Reform.
Mr Justice Geoghegan yesterday refused to grant Mr Mulcahy leave to seek a temporary or interlocutory injunction preventing publication of a report by the Department's internal audit unit. But he gave Mr Mulcahy leave to apply next Monday for an order preventing the report's publication.
The judge said he must be cautious on such an application which was seeking a sort of "gagging" order on a public report which was imminent.
Mr Mulcahy, of Castlevillage Court, Celbridge, Co Kildare, asked for leave to seek the injunction by way of judicial review.
Mr Conleth Bradley, for Mr Mulcahy, said his client's claim related to the manner in which an internal audit report was carried out by the Minister's agents.
A "first draft" of the report was sent to Mr Mulcahy on November 26th last and he replied on December 2nd. It was emphasised by the Department that the draft report was confidential.
On January 8th Mr Mulcahy had been telephoned by a reporter from the Sunday Times newspaper which carried a report last Sunday entitled "Cash chaos at Irish Council for Disabled".
In an affidavit, Mr Mulcahy stated that the Department auditors had found serious financial irregularities with the council and that the Minister of State for Disability, Ms Mary Wallace, had admitted she was appalled when she received a draft copy of the report.
Mr Justice Geoghegan said fair procedures had been applied in that Mr Mulcahy was allowed to comment and did so. He asked if Mr Mulcahy was afraid a further report was about to be published that would contain allegations which were not in the draft report sent to him?
Mr Bradley said according to the information in the newspaper report that appeared to be the case.
Mr Justice Geoghegan said he had read the draft report and Sunday Times report and while there was a difference in language the basic allegations were the same in both reports.
He said he would give Mr Mulcahy permission to bring a notice of motion for Monday next applying for leave to seek a judicial review and an injunction.