FOUR contestants for the radio licence for Limerick city yesterday lost their Supreme Court appeal against the decision by the Independent Radio and Television Commission to reject their applications at a preliminary stage.
Maigueside Communications Ltd, New Limerick FM Ltd, Limerick 95 FM Ltd and Mr Michael Richardson, Mr John Franks and Ms Wendi Ferris-Richardson (trading as Big L Radio Limerick) claimed that they should not have been eliminated at stage one of the procedure.
Earlier this year the IRTC sought applications from those wishing to be considered as sound broadcasting contractors for the city of Limerick.
Last October Radio Limerick One Ltd lost its High Court challenge to a decision by the Independent Radio and Television Commission to terminate its licence for alleged breaches of its contract under the Radio and Television Act, 1988.
The High Court's decision was later upheld by the Supreme Court.
Nine applications in all for the licence were made to the IRTC. Of these, four were chosen to be placed on a short list for stage two, which includes an oral public hearing.
The four applicants were given leave to seek judicial review of the commission's decision on two grounds only, that the procedures adopted by the commission were not fair and that the commission had failed to give reasons for its decision.
In the High Court proceedings the applicants sought discovery of the applications made by the four selected. The application was refused and they subsequently appealed the decision to the Supreme Court.
Yesterday Mr Justice O'Flaherty, rejecting the appeal, said the objection of the applicants to their exclusion was in reality a challenge to the decision of the IRTC. This was not open to them, he said, as it was the decision-making process which was challenged and not the decision itself.
The Supreme Court also decided yesterday that the IRTC should be relieved of its undertaking which allowed Radio Limerick One Ltd to continue broadcasting pending the appointment of a new operator for the Limerick city and county area.
Mr Justice O'Flaherty said the court noted that the position of the station's employees would be safeguarded until July 31st next provided the terms of the station's contract were not breached.
Earlier Mr Adrian Hardiman SC, for the IRTC, said the IRTC had no objection to the station continuing to operate until July 31st.
A report on yesterday's Supreme Court decision will be presented to the IRTC board at its meeting tomorrow.
Mr Gerard Hogan, counsel for Limerick Radio One, said the undertaking was in the interests of the 51 employees at the station.
Mr Hogan said he could also give a further undertaking to the court in the context of any fresh breaches by the station of the terms of the contract.