'Early Supreme Court Hearing Date Sought in Hill of Tara / M3 Motorway Case'
The first appearance before the Supreme Court for the Hill of Tara / M3 motorway case will take place Thursday, 29th June, at 11.00AM.
The case of Vincent Salafia -v- Minister for the Environment, Heritage and Local Government; The Attorney General; Meath County Council and the National Roads Authority is being appealed from the High Court decision of Mr Justice Thomas Smyth, wherein he denied relief to Mr. Salafia in March 2006.
Mr Salafia is judicially reviewing the directions given my Minister Dick Roche in May 2005, under the National Monuments Act 2004, in relation to excavation and demolition of 38 archaeological sites, along one of five sections of the M3, between Navan and Dunshaughlin.
Mr Salafia is claiming that the Directions, along with the Act, are unconstitutional and that the M3 motorway passes through the Tara national monument, as well as associated national monuments.
Counsel for the Petitioner, Mr. Salafia; Gerard Hogan, SC; Frank Callanan, SC; and Colm MacEochaidh, BL, will be seeking an early hearing in the case.
Mr Salafia said:
"There has been no delay in the M3 caused by this case, as archaeological works are proceeding as planned and are due to be completed in early 2007.
"We are anxious to have the legality of the works determined as quickly as possible, so as to avoid any unnecessary delays or costs."
‘Chief Justice Postpones Setting Hearing Date for Hill of Tara M3 Case’
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 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 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.
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