Bovale appeal against public hearing decision dismissed

The Supreme Court has dismissed an appeal by the property company, Bovale Developments, its director Thomas Bailey and his wife Caroline. They were appealing against a High Court decision to allow the Flood Tribunal to examine their financial affairs in public. Delivering the judgement, Mrs Justice Susan Denham said that it was of the essence of such a tribunal that it be held in public.

Bovale Developments and the Baileys claim they were told by the Flood Tribunal that the proposed examination of their financial affairs might be relevant to an alleged payment to former minister, Ray Burke in June 1989. The tribunal decided to hear the matter in public.

Last month, the High Court rejected a claim by the Baileys and Bovale that it would be a disproportionate interference with their Constitutional Rights to hear such evidence in public. That decision was upheld by the Supreme Court. Mrs Justice Susan Denham said that tribunals inquiring into matters that the Oireachtas had decided were of urgent public importance should be held in public. Otherwise, she said, public disquiet could not be allayed.