The Criminal Assets Bureau was given leave in the High Court yesterday to challenge the Flood Tribunal's order directing it to produce documents which it seized from the former Dublin Assistant County Manager, Mr George Redmond.
With "considerable hesitation" Mr Justice Geoghegan said he was granting leave to the bureau to seek orders of prohibition against the tribunal.
The orders would prevent the tribunal chairman, Mr Justice Flood, from taking further steps to require the CAB to produce or furnish documents and further steps in a tribunal decision rejecting its claim of privilege.
Mr Justice Geoghegan said he wanted the matter dealt with urgently. It will come before the court on Monday. He accepted that the Attorney General, representing the public interest, and Mr Redmond, should be notice parties. He refused an application that the DPP be named as a party.
In an affidavit, Chief Supt Fachtna Murphy, head of the bureau, said if it produced the documents to the tribunal, investigations would be prejudiced. He has been requested to attend a further public sitting of the tribunal today.
Ms Nuala Butler, for the CAB, claimed Mr Justice Flood had no jurisdiction to make the order for the production of the documents. The CAB was carrying out investigations which might have consequences other than criminal.
On February 22nd, the tribunal made a request that the CAB produce copies of the Redmond documents and furnished it with a consent from Mr Redmond to that effect.
The CAB refused twice in March to produce the documents and was summoned before the tribunal last month. Chief Supt Murphy was directed to produce to the tribunal, and furnish it with, the documentation which was listed in the summons.
Ms Butler said Supt Murphy attended the tribunal and brought the relevant documents. He was called to give evidence under oath and claimed privilege over the documents.
Supt Murphy, in his affidavit, said Mr Redmond was arrested by CAB officers on February 19th at Dublin Airport. Certain material and documents were seized.
That same day, CAB officers searched Mr Redmond's home and further documents were seized.
He said he had informed the tribunal on April 14th that furnishing of the documents would inevitably prejudice the CAB's investigations and the fair trial of any person or persons who might be prosecuted or otherwise proceeded against.
He said Mr Justice Flood had rejected the claim of privilege on April 23rd and he believed the tribunal chairman did not have jurisdiction to decide this. The issue was exclusively reserved to the courts.
He did not wish to impede the work of the tribunal in any way. His position before the tribunal was, however, constrained by the potential prejudice which would be caused to the investigations by his disclosure of any information relating to these.