Tribunal judge aims to report by July despite High Court challenge

The chairman of the tribunal investigating payments to Mr Charles Haughey and Mr Michael Lowry has told the Government he is …

The chairman of the tribunal investigating payments to Mr Charles Haughey and Mr Michael Lowry has told the Government he is still working towards a July 31st deadline, despite the High Court challenge mounted last week.

In an interim report issued yesterday, Mr Justice Michael Moriarty said the work would proceed unless the High Court or the Supreme Court ordered otherwise.

Describing the vast number of documents sought and examined by the tribunal, he said that 32 orders of discovery or production had been made to date, mainly against banking and other financial institutions in the State.

"In the case of one such institution, it proved necessary to examine in excess of 13,000 documents and the volume of documents furnished in general terms has been extremely extensive," the judge said.

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Detailed interviews have been conducted by the tribunal's legal advisers with representatives of some of these institutions and other parties.

At this stage it is not thought that it will be necessary to bring related proceedings in any foreign jurisdiction.

The tribunal intends to resume its public sittings early next year and to report by the end of July. This will involve receiving and evaluating written submissions.

"The tribunal is extremely anxious to adhere to this provisional time scale, and is fully mindful of the criteria of expedition and cost effectiveness set forth in the terms of reference," he added.

Certain High Court proceedings "in general impugning the establishment and work of the tribunal" were instituted on December 18th. However, the tribunal intended to proceed with its work "as diligently and effectively as possible, as requested by the Oireachtas and will do otherwise only if so ordered by the High Court or Supreme Court".

According to the interim report, a limited number of further applications for legal representation may be made. Limited representation has been granted to Mr Lowry, Mr Padraic Collery, an executive from Guinness & Mahon Bank and the Institute of Chartered Accountants in Ireland.

On December 16th limited representation was also granted to Ms Joan Williams, secretary to the late Mr Des Traynor, who was Mr Haughey's accountant.

Leave has already been granted to the Attorney General, Mr David Byrne, if he wishes to apply to have the public interest represented - and he can have the application renewed, Mr Justice Moriarty said.

Given the nature of its task and the diverse issues raised in its terms of reference, the judge said the tribunal had the job of collecting evidence and information "which might lead to evidence".

Conscious that financial institutions and other people would be required to disclose confidential information and documentation, the tribunal has concluded that this should be done in private.

As an "immensely large" volume of documents and other evidence has already been placed before the tribunal as potential evidence. Significant portions may be seen as falling outside the terms of reference. But the final report will be based exclusively on "appropriate evidence tendered at resumed public sittings" and fair proceedings will be observed.

It denoted no disrespect to the Oireachtas that it was not possible to furnish details at this point in the investigation, the judge added.

The tribunal has stated that the granting of representation does not mean that costs will be granted.