A Dublin solicitor, John Caldwell, who has been involved with the Mahon planning tribunal for the past four years, has brought a High Court challenge to the tribunal's decision to inquire into a number of land deals in north Co Dublin in which Mr Caldwell was allegedly involved.
He claims the tribunal's decision to proceed with the inquiry into the land deals will extend the duration of the tribunal by another three years and that the land inquiry also amounts to an inquiry into his private affairs.
With an address at Glen Mooar Loop Road, St John's, Isle of Man, Mr Caldwell claims the tribunal is inquiring into matters outside its terms of reference and had acted in breach of natural and constitutional justice when it refused to hear submissions from his lawyers as to why it should not proceed with the lands inquiry.
Paul Gardiner SC, for Mr Caldwell, said his client's application concerned a decision of the tribunal to proceed with a public hearing into the ownership of land at Coolamber, Lucan, Co Dublin, and six other parcels of land in north Co Dublin without affording Mr Caldwell an opportunity to make submissions as to why that hearing should not proceed.
That inquiry amounted to an inquiry into Mr Caldwell's private and business dealings, counsel said. He was involved in ownership of certain parcels of land but not all of them.
Mr Caldwell was concerned that he would be involved for another three years with the tribunal if there was to be an investigation into ownership of the other parcels of land. He had already been involved in tribunal hearings for four years. The new inquiry would involve investigation into private matters and the right to privacy would be a major issue in the proceedings before the court.
Mr Gardiner questioned why the tribunal should spend the next three years seeking to establish ownership of the parcels of land in respect of which there was no allegation of corruption. He said the tribunal had already inquired into land at Carrickmines and into the alleged payment of money to councillors to influence the planning process for the zoning of the Carrickmines land.
That allegation was not directed to Mr Caldwell who gave evidence to the tribunal. There was no suggestion he was involved in any act of corruption concerning the planning process in respect of the Carrickmines lands.
The tribunal's "Carrickmines" inquiry had been to identify the beneficial owners of those lands. It was accepted that Jackson Way Properties Ltd was the legal owner of the Carrickmines land. The tribunal had concluded in November 2004 that Mr Caldwell and Jim Kennedy were most likely to be the beneficial owners through shareholdings in offshore companies.
There had also been a suggestion that a former Fianna Fáil deputy, Liam Lawlor, was a beneficial owner but he had disavowed any beneficial ownership. As far as Mr Caldwell was aware, Mr Lawlor had no interest in the Carrickmines lands and certainly not through Mr Caldwell's 50 per cent which would leave Mr Lawlor only potentially having an interest through Mr Kennedy's 50 per cent.
The hearing before Mr Justice Hanna continues today.