MR James Gogarty, the chief witness at the Flood tribunal, was unwell yesterday morning when he arrived, and the chairman adjourned the sitting until Tuesday, saying Mr Gogarty was in some distress.
Mr Gogarty was to have taken the witness stand for the third day of cross-examination by Mr Garrett Cooney SC, for the Murphy Group. The first indication there was anything wrong came as the start of the tribunal was delayed. Mr Gogarty had arrived and went into the side room where he normally goes, but did not come out into the main hall as usual with his solicitor, Mr Gerald Sheedy, to wait until called to the witness box.
Just after 10.30 a.m. the chairman, Mr Justice Flood, resumed the tribunal and said the reason he was sitting late was that he had received a request from Mr Gogarty's solicitors to give him a little time because he was not feeling well. He had been asked not to sit before 11 a.m. and he would accede to that request.
The tribunal sat again at 11.10 a.m. and the chairman announced that he had been asked for a further quarter of an hour.
"But I think in all the circumstances, it is fairly manifest that Mr Gogarty is in some distress and my view is that I have to take the decision rather than have it ramble on," the chairman said.
In the circumstances, he hoped to get a good result, and when he used that phrase, he was talking medically, so he would adjourn until Tuesday morning. There was plenty of work to do with the tribunal as such and they were not inactive.
That would give Mr Gogarty the balance of the day, Saturday, Sunday and Monday.
"I would hope to see him back with us in the very best of spirits on Tuesday morning," the chairman said.
When the tribunal adjourned, Mr Gogarty was still in the side room with his daughter Orla. Half an hour later, he emerged, and stopped to have a few words with someone. He went out to the waiting car, walking with the aid of his stick. He seemed to indicate that he was less than happy that the tribunal had adjourned.