THE High Court judge hearing the long running action over the Bula orebody has turned down an application to discharge himself from the case and order a new trial. The case has been running for 200 days and is the longest in Irish legal history.
The application yesterday to Mr Justice Lynch to discharge himself from the case was made by counsel for Bula Ltd and businessmen Mr Michael Wymes and Mr Richard Wood. They are suing Tara Mines Ltd, Tara's Finnish owners and 14 other defendants, including the Minister for Energy, over the failure of the Bula mine in Co Meath to come into operation.
Following legal submissions from lawyers for the sides, the judge said he was refusing the application to discharge himself and that the case would now proceed.
On May 3rd, Mr Justice Lynch said he still had not been given the issues which he had to decide even though the case had been in progress for about 200 days. There was also criticism on that day by counsel for the State of Mr Wymes.
Applying to the judge to discharge himself, Mr Eoin McGonigal SC, for the Bula side said the plaintiffs and their counsel had considered the transcription of May 3rd.
Mr McGonigal referred to a remark made by counsel for the State, Mr Thomas Smyth SC, about Mr Wymes. He said the only purpose in making it was to confirm and affirm the intense dislike which Mr Smyth had shown towards Mr Wymes in the course of the case.
Mr McGonigal submitted that Mr Smyth's "attacks" on Mr Wymes were improper and should be withdrawn and an unreserved apology given. He added that it was clear the court was aware what the issues were in the case.
For the Tara side, Mr Frank Clarke SC said he was seriously opposing the application for the judge to discharge himself. He submitted that in a lengthy case such as this, it was inevitable and beneficial that there would be judicial interventions designed to clarify what the case was.
For the State side, Mr Smyth said if he was responsible for an unfortunate way of expressing himself, he apologised for "my infacility of diction". He was certain the judge was not so feeble minded as to be influenced by any expression he might make that was not relevant to the issues or the evidence.
