The Supreme Court has dismissed an appeal by the Mahon Tribunal to a High Court decision giving Cork property developer Owen O'Callaghan a right of access to statements made to the tribunal by builder Tom Gilmartin.
Today's decision is almost certain to delay the start of a new module at the tribunal next week, involving an investigation into how planning permission was granted for the Liffey Valley Shopping Centre in Dublin.
The centre was developed by Mr O'Callaghan.
When Mr Gilmartin took the witness box at the tribunal last year he made serious and dramatic allegations about Mr O'Callaghan. But these allegations were not contained in his tribunal statement that had been circulated to Mr O'Callaghan and his legal team.
They sought access to earlier forms of his statements to the tribunal and this was refused. Mr O'Callaghan went to the High Court and won a judgment that his right to fair procedures had been breached by the tribunal.
The tribunal's appeal to the Supreme Court was dismissed today. Mr Justice Geoghegan said it was absolutely essential that the documents and materials which were sought to carry out a worthwhile cross examination of Mr Gilmartin be produced.
Mr Justice Hardiman, in a lengthy judgment, said that a full and unhampered right to cross examine a person who makes grave allegations against another at a tribunal is an important constitutional right.
Mr O'Callaghan is now entitled to all statements made by Mr Gilmartin in whatever form that are in the possession of the tribunal.
