The High Court has reserved judgment on a challenge by two directors of building company Joseph Murphy Structural Engineers to findings by the tribunal that they hindered and obstructed its inquiries.
The directors have challenged the constitutionality of legislative provisions relating to the setting up and operation of tribunals here.
Mr Justice Thomas Smyth yesterday reserved his decision on the challenge brought against the Flood/ Mahon planning tribunal by Joseph Murphy, Ashley House, Batterstown, Co Meath, and Frank Reynolds, Drumree, Pelletstown, Co Meath, who are chairman and managing director respectively of JMSE.
Mr Murphy has disputed the findings by the tribunal that he obstructed or hindered it by failing to give a truthful account of the circumstances in which it was alleged he came to attend a meeting at the home of former government minister Ray Burke in June 1989, at which it was alleged he handed to Mr Burke a sum of money not less than £30,000.
Mr Reynolds was found to have hindered the tribunal by failing to give a truthful account of his involvement in the assembly of funds paid to Mr Burke, or of his dealings with developer Michael Bailey.
The tribunal also found Mr Murphy failed to give a truthful account of his dealing with Michael Bailey and former assistant Dublin county and city manager George Redmond.
Lawyers for Mr Murphy, Mr Reynolds and JMSE claim these were findings which the tribunal was not entitled to make and argued they raised serious constitutional issues in relation to the operation of tribunals.
They have also disputed the tribunal's entitlement to take into account findings of obstruction, hindrance and corruption when ruling on costs.
The tribunal has rejected the claims.