The Mahon tribunal has no jurisdiction to hold a public hearing on £30,000 made by the Fitzwilton Group as a political contribution to Fianna Fáil, the Supreme Court has ruled.
The payment was made in June 1989 via the then Minister Ray Burke for the Fianna Fáil party.
In a unanimous decision, the five-judge Supreme Court said the tribunal had failed to comply with a section of its amended terms of reference and has no jurisdiction to hold a public hearing in relation to the Fitzwilton Module.
The Fitzwilton group had appealed to the Supreme Court group over the High Court's refusal to restrain the tribunal from holding a public hearing into the payment.
Presenting the appeal in May, Paul Gallagher SC said the tribunal could not proceed with a public hearing because it would be in breach of its terms of reference as amended in December 2004.
Fitzwilton contended those terms required the tribunal to stipulate in writing what matters would go to public hearing by May 1st, 2005, and it claimed the Fitzwilton payment was not so stipulated.
In his High Court judgment last December, Mr Justice Kevin Feeney said the court was satisfied that a tribunal document of April 28th, 2005, was clearly a written record of the decision taken by the members of the tribunal on that date listing the additional matters that should proceed to public hearing.
He said no precise wording was required and the April 2005 document recorded the decision in writing. The judge said he was satisfied the tribunal had complied with the requirements in its terms of reference.
The Supreme Court reserved its judgement until today.