Ahern awarded Mahon challenge costs

Former taoiseach Bertie Ahern has been awarded the legal costs of his successful High Court challenge to the handling by the Mahon tribunal of aspects of its inquiries into controversial lodgements to his accounts when he was Minister for Finance in 1993 and 1994.

The total costs of the action are estimated at more than €150,000.

The three judge High Court, which earlier this month found in favour of Mr Ahern on all grounds of his challenge, was also told today the tribunal has decided not to appeal the High Court findings to the Supreme Court.

The former taoiseach has been awarded the costs of his successful legal challenge

The case was before the court  to address the issue of who will pay the costs of the two day hearing.

Mr Shane Murphy SC, for Mr Ahern, said he had been instructed to apply for his costs. Mr Denis McDonald SC, for the tribunal, said he could not resist that application. The issue of a stay did not arise as there would be no appeal to the Supreme Court, counsel added.

The action by Mr Ahern was heard by the President of the High Court, Mr Justice Richard Johnson, Mr Justice Peter Kelly and Mr Justice Iarfhlaith O’Neill.

Mr Justice Kelly delivered the court’s 48-page judgment on May 8th last upholding arguments by Mr Ahern that the parliamentary privilege over Dail statements as provided for in Article 15.13 of the Constitution does not permit the tribunal - in its

report or while Mr Ahern is giving evidence to it - to draw attention to his Dáil statements about his financial affairs which may be inconsistent with his statements outside the Dáil or in his evidence.

The tribunal may reproduce the Dáil statements of September and October 2006 in its report but is prohibited by Article 15.13 from suggesting they were untrue or misleading or inspired by improper motivation, the court ruled. The public could “draw  their own conclusions” whether the statements were inaccurate and, if so, whether such inaccuracies were “deliberate or accidental”.

The court also ruled Mr Ahern is entitled to claim legal professional privilege over 150 documents relating to his retention of banking expert Paddy Stronge to refute the tribunal’s claims about the nature of two lodgments — one to Mr Ahern’s  account and the second to an account of his former partner Celia Larkin.

A third issue - in which Mr Ahern sought orders requiring the tribunal to hand over documents on which it based its claims concerning the lodgments - was resolved following the tribunal’s agreement at the outset of the case to hand over those documents amounting to 110 pages of bank data and computer records.

Mr Ahern sought the documents to refute the tribunal’s claim that a sum of IR£28,772 lodged to the account of Ms Larkin at the AIB branch at O’COnnell Street, Dublin, on December 4th 1994 was equivalent to an exchange of $45,000.

The tribual has also suggested that an amount lodged into Mr Ahern’s account on October 11th 1994 was equivalent to STG£25,000. Mr Ahern has said the lodgement was for IR£16,500 plus STG£8,000 given to him by friends following a dinner in  Manchester.