An application for an injunction restraining the Government from nominating former Supreme Court judge Mr Hugh O'Flaherty for the position of vice-president of the European Investment Bank will be heard by the High Court tomorrow.
Mr Justice Kelly yesterday told a Co Limerick college lecturer, Mr Denis Riordan, that the allegations being made against the Government and Mr O'Flaherty were so serious that the judge would allow them to respond before deciding on Mr Riordan's application for leave to take judicial review proceedings challenging the nomination.
Mr Riordan, of Clonconane, Redgate, Co Limerick, is seeking to take proceedings against the Government; the Taoiseach, Mr Ahern; the Minister for Finance, Mr McCreevy; Mr O'Flaherty and the Attorney General.
Mr Justice Kelly said the respondents should be put on notice of the application. He said he would return the matter for tomorrow when he would hear both sides and rule on the application. He directed Mr Riordan to serve Mr O'Flaherty personally with the proceedings and to serve the other parties through the Chief State Solicitor.
Mr Riordan, who presented his own case and who has taken other legal challenges, including to the divorce legislation and to the amendment of Articles 2 and 3 of the Constitution, is seeking leave to apply for a number of orders and declarations.
He wants declarations that the Minister for Finance is failing in his duty to the people of Ireland in nominating Mr O'Flaherty and that the method of selection is unfair, unjust and unconstitutional.
Mr Riordan wants further orders restraining the Minister from nominating Mr O'Flaherty for appointment as vice-president of the EIB and requiring the Minister to withdraw the nomination. An order requiring the Minister or the Government to advertise the position of vice-president of the EIB and to request suitably qualified persons to apply for it is also being sought.
In an affidavit, Mr Riordan alleged Mr O'Flaherty was a "corrupt Supreme Court judge" who had "perverted the course of justice". He further alleged Mr O'Flaherty had "refused to go before a Joint Oireachtas Committee to explain his actions in perverting the course of justice in the Sheedy case". Mr Riordan said the salary of vice-president of the EIB was paid by the taxpayers of the European Union. As a citizen of the EU, and under Article 40 of the Constitution, he himself had a right to the opportunity of applying for the position.