I take the converse view tbh. As if they were supremely confident of being able to prove either definitively or on the balance of probability, that there was genuine separation between the investment fund and the State, then they’re not legging it to the High Court to try and have a panel member removed and to have the entire process carried out in the full glare of the public. They’d just turn up, slap their case on the table and smile smugly imo.
So this smacks of grandstanding to me. Trying to increase the pressure on the PL in the hope that they’ll either fold or agree some form of compromise before or during the process.