One of the State's biggest property developers is being sued by his brother and sister-in-law, who claim that he and his wife failed to carry out landscaping works at their home in accordance with planning permission.
Michael O'Flynn, managing director of O'Flynn Construction, is being sued by his brother, Laurence, who alleges he failed to carry out landscaping works at his house in Kilcrea, Ovens, Co Cork, in accordance with planning permission detail.
Retired bank manager Laurence O'Flynn and his wife, Eileen, Abbey Road, Kilcrea, are seeking an order from Cork Circuit Court compelling Michael and Joan O'Flynn to comply with planning permission terms.
The matter came before Judge Patrick Moran earlier this week when Michael O'Flynn's barrister, Seán Lynch, asked the judge not to hear the case because of what he termed "a perception of bias", following a case involving Mr O'Flynn's company three years ago.
In February 2003, Judge Moran imposed a €200,000 fine on O'Flynn Construction after Stephen Long (9) suffered fatal burns when a barrel of wood preservative at the company's Mount Oval site in Rochestown, Cork, exploded on September 9th, 2001.
O'Flynn Construction had pleaded guilty to two breaches of health and safety regulations in relation to the accident. The company later went to the High Court after Judge Moran re-listed the matter, having imposed the €200,000 fine.
In the High Court in March 2003, Mr Justice Ó Caoimh ruled the attempt by O'Flynn Construction to attach Judge Moran for contempt was "totally misconceived".
The company appealed the penalty to the Court of Criminal Appeal and a judgment is awaited.
This week, Judge Moran said he believed that matter had been dealt with by the High Court and, in his time on the bench, he had never been accused of bias.
The judge said yesterday he had read only one of the documents presented by Mr Lynch on Tuesday on the issue of perceived bias, but pointed out that he didn't have anyone present to take a note as there are no stenographers provided for civil matters.
"The costs will have to be carried by your client if you wish me to entertain the application," said Judge Moran. He adjourned the matter until next Thursday to allow arrangements be made to have a stenographer in court for the application.
Michael O'Flynn, together with his brother, John, founded O'Flynn Construction in 1978, and the firm has become one of the country's biggest commercial, retail and residential property developers.
Among the major projects the company has developed or is developing are the €700 million Ballincollig Town Centre, the 800-house Mount Oval Village in Rochestown, and East Gate Commercial Park in Little Island in Cork.
