‘Chief Justice Postpones Setting Hearing Date for Hill of Tara M3 Case’

national | environment | press release Thursday June 29, 2006 17:42 by secretary@tarawatch.org - TaraWatch legal at tarawatch dot org

Date of July 28th set for delivery of Carrickmines Castle judgment

The setting of a hearing date in the Hill of Tara / M3 motorway case was postponed today by the Chief Justice, the Hon. Mr. Justice John Murray. He said he will set a hearing date after written submissions were received by Respondents, The Attorney General, The Minister for the Environment, Meath County Council, and the National Roads Authority, due on 24th July.

Gerard Hogan, SC, Counsel for the Appellant, Mr. Vincent Salafia, asked for an early hearing date to be set, since he had given undertakings in the High Court that he would do so.

Chief Justice Murray questioned whether there was any urgency in the case, since there is no injunction in place and no stoppage of works.

Counsel for Meath County Council argued that there as a “considerable shadow” hanging over the project in relation to the public private partnership contract, which cannot be signed until the matter is through the courts.

This morning Chief Justice Murray also set a date of July 28th was for delivery of judgment in the Carrickmines Castle case, which has been postponed a number of times already. The judgment in this case will have a significant impact on the Tara proceedings, since it will address whether or not there is a constitutional duty on the Government to protect the national heritage. Justice Laffoy had stated in her High Court opinion that there was in fact a “constitutional imperative” to protect these assets.