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14/02/2008
April 1st Mahon Challenge Granted
There's to be an April Fool's Day challenge by the Taoiseach into aspects of the Mahon Tribunal's enquiries about his own financial affairs.
The case will be heard by the High Court on 1 April by a divisional or three-judge High Court convened to hear the action.
Such courts are convened occasionally to deal with cases of particular national importance.
Mr Justice Iarfhlaith O'Neill said he had spoken to the President of the High Court about the case and said it was decided to have the action heard by a divisional court because the issue of constitutional privilege relating to statements made in the houses of the Oireachtas had arisen.
Responding to this morning's decision, Taoiseach Bertie Ahern said it showed the court believes there are significant legal and constitutional points to be decided.
Mr Ahern's senior counsel, Brian Murray, outlined a timetable agreed between the two sides for exchanging documents in the case.
He said the tribunal had agreed to the continuation of a stay on an order requiring Mr Ahern to produce documents relating to financial advice from banking expert Paddy Strong pending the outcome of the hearing in April.
In the case, the Taoiseach is challenging three aspects of the tribunal's inquiries. He is arguing that the tribunal cannot question him about statements he made in the Dáil because such statements are constitutionally privileged.
He also claims advice given to his legal advisers by banking expert Paddy Strong is privileged. And he wants the tribunal to give him all its financial calculations and documentation relating to the tribunal's suggestion that lodgements of $45,000 and Stg£25,000 were made by Mr Ahern or on his behalf in late 1994.
The case is expected to last three days.
The case will be heard by the High Court on 1 April by a divisional or three-judge High Court convened to hear the action.
Such courts are convened occasionally to deal with cases of particular national importance.
Mr Justice Iarfhlaith O'Neill said he had spoken to the President of the High Court about the case and said it was decided to have the action heard by a divisional court because the issue of constitutional privilege relating to statements made in the houses of the Oireachtas had arisen.
Responding to this morning's decision, Taoiseach Bertie Ahern said it showed the court believes there are significant legal and constitutional points to be decided.
Mr Ahern's senior counsel, Brian Murray, outlined a timetable agreed between the two sides for exchanging documents in the case.
He said the tribunal had agreed to the continuation of a stay on an order requiring Mr Ahern to produce documents relating to financial advice from banking expert Paddy Strong pending the outcome of the hearing in April.
In the case, the Taoiseach is challenging three aspects of the tribunal's inquiries. He is arguing that the tribunal cannot question him about statements he made in the Dáil because such statements are constitutionally privileged.
He also claims advice given to his legal advisers by banking expert Paddy Strong is privileged. And he wants the tribunal to give him all its financial calculations and documentation relating to the tribunal's suggestion that lodgements of $45,000 and Stg£25,000 were made by Mr Ahern or on his behalf in late 1994.
The case is expected to last three days.
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