Inquiry ordered into immunity decision

The Information Commissioner, Ms Emily O'Reilly, has ordered an investigation into the refusal of the DPP to release records explaining why property developer Mr Tom Gilmartin was granted immunity from prosecution.

Ms O'Reilly has appointed an investigator to review the DPP's decision not to disclose information about Mr Gilmartin's immunity, which was granted "in the public interest" in 1998.

She was responding to a complaint by former Fianna Fáil TD Mr Liam Lawlor, who sought the review after the DPP refused his request for the information under the Freedom of Information Acts earlier this year.

While the Office of Information Commissioner yesterday refused to comment on individual cases, The Irish Times understands that it wrote to Mr Lawlor earlier this month agreeing to the review. The politician has been given until October 27th to make submissions on his application.

At the time Mr Gilmartin was granted immunity, he was living in England and could not be compelled to return to Ireland to give evidence to the Flood/Mahon tribunal. Since then, he has returned to live in Cork and has co-operated fully with the tribunal.

In his evidence earlier this year, Mr Gilmartin made a series of bribery and extortion allegations against a number of politicians, including Mr Lawlor.

However, Mr Lawlor, who is representing himself legally, has vigorously denied the allegations, both at the tribunal and outside it.

Mr Gilmartin is due to be questioned about the immunity issue and other matters when he is recalled to the witness box at a later date.

However, the tribunal was told in July that he required heart surgery, so this is unlikely to take place in the near future.

In July, Mr Lawlor also sought the information from the tribunal, claiming Mr Gilmartin's evidence was "falling down like nine-pins".

However, the chairman, Judge Alan Mahon, said it was a matter for the DPP. When Mr Lawlor persisted in raising the matter, the chairman reminded him he could be disbarred from cross-examination.

Mr Lawlor raised the Information Commissioner's decision at yesterday's tribunal hearing, but Judge Mahon again said he wasn't prepared to discuss the matter. Mr Gilmartin would be recalled to give evidence, subject to his state of health, the chairman explained.

Later, Mr Lawlor accused the tribunal of "time wasting" and of "flogging a dead horse" in its investigations into Jackson Way.