The date for the Taoiseach's appearance at the Mahon tribunal, to respond to allegations made by developer Tom Gilmartin about payments in the early 1990s, has been put back, following a hearing before three Supreme Court judges yesterday.
The so-called Quarryvale Two module of the tribunal, in which the Taoiseach will be one of the star witnesses, was due to begin on January 16th. It will not now begin until February or March and there may not be time to take the Taoiseach's evidence before the general election.
The start date for the Quarryvale Two module was put back following a short Supreme Court hearing yesterday into legal representations on behalf of Cork developer Owen O'Callaghan, who is challenging the tribunal's procedures.
The High Court rejected Mr O'Callaghan's case last October but he has appealed it to the Supreme Court. The full hearing is due to begin on January 22nd.
The tribunal got the permission of the Supreme Court last month to begin hearing witnesses in advance of the full appeal but, after legal arguments yesterday, it was agreed to defer the planned hearings until after the judgment in the case.
The Quarryvale Two module will not now begin before Tuesday, February 6th. If the Supreme Court has not made a decision by that date it is likely to be delayed further. Legal sources believe that it is unlikely to get started before March.
The tribunal's investigation into Quarryvale, expected to be one of its largest and most complex, has been delayed for a year as a result of a court challenge brought by Mr O'Callaghan.
In an opening statement at the start of its investigations into Quarryvale last year, the tribunal said developer Tom Gilmartin had claimed Mr O'Callaghan had informed him that nearly £80,000 had been paid to Mr Ahern.
In the statement read out prior to the court challenge the tribunal quoted Mr Gilmartin as saying he was told that the money had been paid in two separate amounts, of £50,000 and £30,000.
Mr Gilmartin said he was informed that Mr Ahern, who was minister for finance at the time, had been instrumental in blocking a tax break for a rival shopping centre being developed in Blanchardstown.
Mr Ahern and Mr O'Callaghan have strongly denied this allegation. Mr Ahern reminded the tribunal that he had successfully taken a libel action in relation to earlier claims that he had received money on behalf of Mr O'Callaghan.
In its opening statement last year, the tribunal also maintained there were allegations that corrupt payments had been made to 14 Dublin county councillors. The lobbyist Frank Dunlop has said he paid £232,000 to councillors.
