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State right to refuse to pay costs: Taoiseach

Ray Burke - Costs claim fails
Ray Burke - Costs claim fails

Taoiseach Bertie Ahern has said it was right and proper that individuals who did not co-operate with the Planning Tribunal did not have their expenses paid by the State.

Mr Ahern, who was asked to comment on the Planning Tribunal's decision not to pay any of Ray Burke's legal fees, said that he did not wish to comment on an individual case.

Mr Ahern’s comments came after the former minister was told that the State will not be paying any of the €10 million in legal fees he incurred at the tribunal.

The chairman of the tribunal, Alan Mahon, turned down Mr Burke's request, saying he had misled the inquiry at every turn.

Mr Mahon said the former Minister for Foreign Affairs had prolonged the tribunal by deliberately giving untruthful evidence designed to obstruct the inquiry and prevent it arriving at the truth.

Mr Mahon said because of this it did not matter that Mr Burke is not a wealthy man who could not afford to pay.

He pointed out that the former minister's lack of co-operation extended over three modules and said Mr Burke had failed to give a truthful account of payments he received, the existence of offshore accounts and his acquisition of his home at Briargate in Swords, Co Dublin.

Neither Mr Burke nor his lawyers were present this morning to hear the ruling, but he is one of five parties to announce High Court challenges to the tribunal's original findings.

Mr Mahon will also rule tomorrow on a claim by builders, Tom Brennan and Joe McGowan, for their costs of €2.6m.

Today, lawyers representing their former accountant Hugh Owens asked for costs saying Mr Owens is now retired and it would be 'oppressive' to have to pay the bills himself.

The former Fianna Fáil Director of Elections, PJ Mara, and the estate agent, John Finnegan, will also make submissions tomorrow to have their costs paid by the State.