Lawyers for former Taoiseach Mr Charles Haughey have asked the High Court to direct that the Moriarty Tribunal reveal to them the contents of a confidential letter sent to it by the Government Chief Whip. The tribunal says the letter is privileged.
The court was told the letter is in a strong-room to which only Mr Justice Moriarty and certain members of his staff have access. It is said to have clarified earlier correspondence from the tribunal which sought details of any payments in excess of £500 made to TDs and senators while they were members of the Oireachtas.
The clarification letter was provided under seal of confidence to the Chief Whip on behalf of current Fianna Fail members of the Oireachtas. Counsel for Mr Haughey submitted yesterday that it appeared other persons were being given some sort of instruction in the confidential letter. Mr Colm Condon SC said his client was entitled to know what directions were given in relation to the request for information.
Following a day-long hearing, Mr Justice Geoghegan adjourned until Tuesday applications by Mr Haughey and other members of his family for various documents to be made available to them. The judge is hearing applications by the Haughey side for a number of orders of discovery against the chairman of the tribunal, Mr Justice Michael Moriarty, and the State. The Haugheys are seeking the documentation in preparation for a full action to prevent the Moriarty Tribunal inquiring into their financial affairs.
At the end of yesterday's hearing, counsel for the State indicated that if the Haughey side was able to persuade the court in the full hearing that some of the documents they were seeking had relevance, they could renew their application. It was agreed that the application for discovery in respect of most of the documents being sought would be left over until the full hearing.
Mr Haughey, his wife Maureen, his daughter Mrs Eimear Mul hearn, and his sisters Ms Ethna and Ms Maureen Haughey are taking the proceedings against the sole member of the tribunal, Mr Justice Moriarty, the clerks of the Dail and Seanad, and the State.
When the hearing opened, Mr Condon said the Haugheys wanted the court to order the tribunal chairman to produce all orders or requests for information by the tribunal, to any Government department or Dail deputy, seeking evidence or information concerning the Haughey family's affairs.
They wanted to see any correspondence passing between the tribunal and Dail deputies (past or present) concerning the receipt by them of monies or benefits in kind and all correspondence or orders made against any political parties in which information was sought concerning donations.
Mr Condon said they wanted to have all statements provided by any party from whom the tribunal had sought statements concerning his clients.
He asked that the tribunal produce any orders it had made against any person, company or institution concerning the Haughey family's affairs and also sought minutes of Cabinet meetings where the terms of reference of the tribunal were discussed.
Mr Haughey's lawyers also sought all memorandums prepared by Mr Justice Moriarty or by any Government Minister, civil servant, Central Bank or any other person in relation to the terms of reference.