The Oireachtas sub-committee inquiry into cost overruns in the mini-CTC rail signalling project may be unable to complete its work following the successful Garda challenge to another sub-committee inquiry into the shooting dead of Mr John Carthy at Abbeylara, it emerged in the High Court yesterday.
Mr Justice Kelly yesterday rejected an application by lawyers for the mini-CTC sub-committee for an urgent pre-Christmas hearing of the legal challenge, taken by the widow of former CI╔ chief executive Mr Michael McDonnell, to the inquiry. It is unlikely the matter will be heard before next April.
The judge said he was satisfied there were overlapping issues in the mini-CTC legal challenge and the Abbeylara decision of November 23rd, where the divisional High Court found there was no inherent power in the Oireachtas to set up inquiries likely to lead to findings of fact or expressions of opinion adverse to the good names of people who are not members of the Oireachtas. Hearings of the mini-CTC inquiry have been on hold since the Abbeylara decision.
Mr Justice Kelly said he was told the Attorney General was appealing the Abbeylara decision to the Supreme Court, with notice of appeal to be served this week. In those circumstances there was no reality in listing the mini-CTC case this week. Michael McDonnell's widow, Mrs Noreen McDonnell, was given leave by the High Court on October 3rd last to take judicial review proceedings against the sub-committee.
In her High Court proceedings, Mrs McDonnell is complaining that restrictions on the cross-examination of witnesses are seriously prejudicial to endeavours being made to protect her husband's good name and reputation. She is also concerned at the sub-committee's refusal to make provision for her side's legal costs.
