Businessman Denis O'Brien yesterday opened his appeal to the Supreme Court in his dispute with the Moriarty tribunal.
He is appealing against the High Court's refusal to allow him take judicial review proceedings challenging a decision by the tribunal to hear evidence relating to his interest in the purchase of the grounds of Doncaster Rovers Football Club Ltd in England.
The tribunal is inquiring into a purported "connection" of former Fine Gael minister Michael Lowry to the purchase of the grounds. Mr O'Brien claims no sufficient evidence exists to justify such hearings.
Should the Supreme Court allow Mr O'Brien leave to bring the judicial review action, he would then apply for an injunction to prevent the tribunal investigating the Doncaster Rovers issue pending the determination of those proceedings, senior counsel Eoin McGonigal, for Mr O'Brien, said yesterday.
In November 2004, Mr Justice Daniel Herbert in the High Court had refused leave for the judicial review challenge on the grounds that Mr O'Brien had been too late bringing his application.
However, Mr McGonigal said that Mr Justice Herbert had taken the view that in respect of certain matters Mr O'Brien had established not only an arguable case but one of which he had some chance of success.
Mr O'Brien wants leave to seek orders overturning the tribunal's decision to hold hearings into the purchase of the grounds and also wants a declaration that the tribunal's decision to proceed with the hearings breaches his rights because the tribunal knows that witnesses are not available.
In his High Court judgment Mr Justice Herbert had referred to evidence before him, which he said had not been disputed, that a letter from Mr O'Brien's solicitor in January 2003 had advised the tribunal that Mr O'Brien had told his solicitor that Mr Lowry was not involved in the Doncaster Rovers transaction.
Opening Mr O'Brien's appeal yesterday, Mr McGonigal said they were also seeking to challenge whether the Doncaster Rovers grounds issue was within the tribunal's terms of reference.
Opposing the appeal, senior counsel Brian Murray, for the tribunal, said there were enough questions to be answered as to whether or not Mr Lowry had had an interest in the Doncaster Rovers transaction.
The hearing was adjourned to Wednesday next.