The Criminal Assets Bureau got permission in the High Court today to challenge a decision of the Flood Tribunal ordering the Bureau to hand over documents it seized from the former Dublin Assistant City and County Manager George Redmond. Mr Justice Geoghegan granted CAB leave to seek a judicial review of Mr Justice Flood's decision, but in the High Court this morning he said he was doing so with considerable hesitation. The full hearing is expected to go ahead next week.
Last February the Criminal Assets Bureau arrested George Redmond and seized certain documents from him and later from his home. These documents have since become the subject of heated debate at the Flood Tribunal. Last month the Bureau's Chief Officer Fachtna Murphy was summoned to attend the Tribunal and produce and furnish the documents. Chief Superintendent Murphy claimed privilege on the issue of furnishing the documents, claiming this would irretrievably prejudice the ongoing investigations of the Bureau and the fair trial of anyone prosecuted as a result of these investigations.
The Bureau claims that the Tribunal Chairman, Mr Justice Flood does not have jurisdiction to determine this claim of privilege and it is a matter for the courts. Mr Justice Flood rejected this claim of privilege. The Bureau went to the High Court this morning to commence legal proceedings to stop Mr Justice Flood taking any further action to require the Bureau to produce the documents. Despite having grave doubts, Mr Justice Geoghegan granted leave to the Bureau to seek a judicial review and a full hearing is expected next week.
Meanwhile, the chief officer of the Criminal Assets Bureau told the Flood Tribunal today that it is highly undesirable that two statutory bodies should be in conflict in the High Court. Detective Chief Superintendent Facthna Murphy said he was in an "invidious position" in relation to the Tribunal's order to hand over the Redmond documents in the bureau's possession.
