M50 plaintiffs sue Cullen over court remarks

Minister for Transport Martin Cullen is being sued over remarks he made about people who take court cases in opposition to major infrastructure projects.

As he officiated at the Luas first anniversary celebrations on June 30th, and later at the opening of the final section of the M50, Mr Cullen delivered what was seen as a swingeing attack on unnamed people who he suggested improperly availed of the courts to mount challenges to infrastructure projects.

In the disputed remarks Mr Cullen said: "They are robbing money out [ sic] of the taxpayers of the country by doing this."

He continued: "When the proper independent processes have been gone through, that should be the end of it. I want to see an end to the day when people are continually going to the courts simply to stop projects."

Mr Cullen also criticised "begrudgers" and "hurlers on the ditch" who, he said, would no doubt "put the blinkers on and revert to negativity".

He repeated the remarks a number of times, particularly those on robbing the taxpayer, and they were widely reported in the media.

The Department of Transport confirmed yesterday that it had had correspondence from a firm of solicitors concerning two of the principals involved in three separate Supreme Court cases on the medieval ruins discovered at Carrickmines.

The principals were Dominic Dunne and Michael Mulcreevy.

Mr Mulcreevy and Mr Dunne twice received their costs in Supreme Court cases against the State over issues relating to the development of the M50.

A third case challenging the constitutionality of the National Monuments Act is currently before the courts.

The men allege that because of their high-profile cases, it was reasonable to infer Mr Cullen was referring to them.

In correspondence from Garrett Sheehan Co Solicitors, Mr Cullen was told the cases were clearly not taken for private gain but in the public interest.

The letter continued to allege that Mr Cullen's remarks implied that the principals had been dishonest, corrupt and had in effect stolen money from taxpayers.

Mr Mulcreevy and Mr Dunne demanded an apology recognising that they had at all times acted in the public interest and that the apology be read into the record of the Oireachtas.

The letter also asks Mr Cullen to outline what compensation he is prepared to make to the men concerned.

Neither Mr Mulcreevy nor Mr Dunne were available to comment on the letter yesterday but sources indicated that barristers had already been briefed on their behalf and the men were not prepared to settle their case on anything less than the terms outlined.

Dan Pender, a spokesman for Mr Cullen, confirmed the department had received the correspondence and had referred it to the State Solicitor's office.

Mr Pender stressed that Mr Cullen had made his remarks only in connection with unnamed individuals.

The M50 was built over the last 17 years at a rate of about 2km a year.

The final section, which was opened recently, was also challenged by legal action from Jackson Way, a property company which was investigated by the Flood/Mahon tribunal into planning corruption.