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Mahon to resume Quarryvale Two module

Supreme Court - Dismisses appeal
Supreme Court - Dismisses appeal

The Mahon Tribunal has announced it will resume its hearing of the Quarryvale Two module at the end of next month.

The tribunal is investigating claims that councillors were bribed to rezone the Quarryvale site in west Dublin, which was developed as the Liffey Valley Shopping Centre by Cork developer Owen O'Callaghan.

Taoiseach Bertie Ahern will be giving evidence, and has rejected claims that he received £80,000 to block a tax break for a rival shopping centre development.

The announcement follows today's rejection by the Supreme Court of a legal challenge by Mr O'Callaghan.

The Supreme Court dismissed the appeal by Mr O'Callaghan against a High Court decision to allow the tribunal inquire into allegations made against him by developer Tom Gilmartin.

Mr O'Callaghan claimed Tom Gilmartin made 'entirely untrue' allegations in private to the tribunal.

He said they were never mentioned in evidence in public and were concealed by the tribunal.

He also claimed the tribunal was biased against him.

However, by a majority of four to one, the Supreme Court dismissed the appeal.

A spokesperson for O'Callaghan Properties said Owen O'Callaghan would not be making any comment on today's judgment.

No violation of rights

In her majority judgment, Ms Justice Susan Denham said there was no violation of Owen O'Callaghan's rights in the Tribunal proceeding with its work.

She said Mr O'Callaghan had not established bias or prejudgement by the tribunal.

The ruling means the tribunal can go ahead with their Quarryvale Two module of its inquiries which was adjourned pending the outcome of this appeal.

In his dissenting judgment, Mr Justice Adrian Hardiman said Mr O'Callaghan had not been seen to be treated fairly by the Mahon Tribunal to date.

In his conclusion, Mr Justice Hardiman said he fully accepted that the members of the tribunal sincerely believed they could hear and make findings on the allegations against Mr O'Callaghan and associated parties, in a fair and unbiased manner.

However, he said he could not accept after all that had occurred that Mr O'Callaghan or any informed, impartial and reasonable observer could be expected to accept that, and to overcome clearly reasonable fears to the contrary.

He said he believed if the tribunal was permitted to continue to sit and proceed to findings in relation to the allegations against them, it would represent a very marked coarsening of our standards of procedural fairness.