Haugheys start last bid today to restrict tribunal

The former Taoiseach, Mr Charles Haughey, and members of his family, will make a final attempt in the Supreme Court today to …

The former Taoiseach, Mr Charles Haughey, and members of his family, will make a final attempt in the Supreme Court today to stop the Moriarty tribunal investigating their financial affairs.

Last April, the High Court dismissed proceedings taken against the tribunal by Mr Haughey; his wife, Maureen; daughter, Ms Eimear Mulhern; and sisters, Ms Ethna and Ms Maureen Haughey.

In the High Court, Mr Justice Geoghgean said that in light of the findings of the Dunnes payment tribunal, it was "bordering on the absurd" for Mr Haughey to claim he was being discriminated against as compared with other former Taoisigh, former Ministers or former TDs or other holders of Ansbacher accounts.

He said: "The position of Mr Haughey in public life, the nature and the amounts of the gifts given to him by Mr [Ben] Dunne and the lifestyle evidence singled him out and he cannot complain in my view that he is in some way or other being discriminated as against others."

READ MORE

There were clearly questions of public concern as to the ethical behaviour of Mr Haughey, Mr Justice Geoghegan said.

He held Mr Haughey's wife, daughter and two sisters should have been given a reasonable opportunity to object to the tribunal's orders directing discovery of their bank accounts.

The Supreme Court appeal is expected to last for some days. Several grounds of appeal have been lodged, including an attack on the constitutionality of the legislation under which the Moriarty Tribunal was set up.

The hearing in the High Court lasted for six days. Mr Haughey, although only recovering from a riding accident at Portmarnock Strand, Co Dublin, was present on some days and gave evidence.

The High Court ruled the State should pay the Haugheys their costs of three days of the six-day hearing. This meant the Haugheys would have to pay their own costs for three days, estimated at more than £50,000. But the costs order is also being appealed.

The Supreme Court appeal will be heard by five judges. They are expected to reserve judgment.