Any delay in the public hearings of the Quarryvale Two module of the Mahon planning tribunal would not be in the public interest, the High Court was told yesterday.
If Hazel Lawlor, widow of former Fianna Fáil TD Liam Lawlor, succeeded in securing a stay on the opening of the Quarryvale Two module, this would subvert the purpose of the tribunal, Michael Collins SC, for the tribunal, said. The reputation of Ms Lawlor was not at stake as no allegations were being made against her in the module, which is inquiring into the rezoning of lands at Carrickmines.
Public hearings in the module, which opened in October 2005, have been suspended because of legal proceedings. The module is due to begin next week with a new opening statement.
Mr Collins was making submissions at the hearing of an application by Ms Lawlor, Somerton House, Lucan, Co Dublin, for a stay on the module pending the outcome of her judicial review challenge to the tribunal.
In that challenge, she wants orders stopping the tribunal from making findings of serious misconduct against herself or her late husband, who was killed in a car crash in Moscow in October 2005, unless supported by evidence proven beyond reasonable doubt.
Ms Lawlor has claimed the tribunal had destroyed the life of her husband, herself and their family and had displayed a "vindictive and vengeful" attitude towards her husband. She was in personal fear of the powers of the tribunal and how they might be used against her.
In an affidavit, Ms Lawlor, a mother of four, said no findings as such were made against her late husband by the tribunal as no module in which he was involved was brought to a conclusion by the time of his death.
He had found the tribunal proceedings to be interminable and the failure to start and finish lines of inquiry was a matter of great frustration, confusion and exhaustion to him.
If not granted a stay pending her judicial review challenge, she claims damage could be done to her late husband, his estate and to her and her family "which would not be susceptible to later repair".
Mr Justice Iarfhlaith O'Neill was told yesterday that the tribunal was due to issue an updated opening statement on April 30th with developer Tom Gilmartin then due to take the stand. Taoiseach Bertie Ahern is listed to give evidence after Frank Dunlop, some time towards the end of May.
Mr Collins said more than 130 witnesses were due to give evidence and Ms Lawlor was not expected to be called as a witness for several months. There was no allegation of wrongdoing against Ms Lawlor who was primarily a witness, he said. If Ms Lawlor's application for a stay was successful, there would be a significant delay with the Quarryvale Two module, he said.
He noted a complaint by Ms Lawlor that the record of the tribunal proceedings contained an incorrect entry indicating that builder Séamus Ross had been paid £500,000 by Mr Lawlor. That entry had been corrected in the public record of the tribunal, he said.
Martin Giblin SC, for Ms Lawlor, said she would be very relieved to hear the entry had been corrected as it was a "gross allegation".
Whatever Mr Lawlor was alleged to have done, the effect on him, his wife and family was completely disproportionate to an alleged wrong, Mr Giblin argued. Mr Lawlor was not told of allegations against him until they were made in public and at one stage he was "ambushed" in the witness box and cross-examined about matters in another module, he said.
Ms Lawlor was afraid the same thing would happen to her.
The case continues today.