The way has been cleared for Mr James Gogarty to begin giving evidence at the planning tribunal today about alleged planning corruption and payments to the former Minister for Foreign Affairs, Mr Ray Burke.
The chairman of the tribunal, Mr Justice Flood, yesterday agreed to demands by lawyers for those accused by Mr Gogarty of corruption for greater access to the documents submitted by the 81-year-old former building company executive.
Protracted legal argument had earlier prevented Mr Gogarty from taking the witness stand for a second day. Lawyers for Mr Michael Bailey and Mr Joseph Murphy senior, the two builders who are the subject of allegations by Mr Gogarty, contended that their clients' entitlement to a fair hearing was being infringed.
Sources close to the builders last night hailed the decision as a major climb-down by the tribunal, which had up to now circulated only those of Mr Gogarty's documents it considered relevant.
However, the possibility of further attempts to delay or interrupt Mr Gogarty's testimony remains, as lawyers for the two builders restated their opposition to procedural arrangements at the tribunal and the latitude afforded to Mr Gogarty when he began giving evidence on Tuesday.
Mr Garrett Cooney SC, for Mr Murphy, criticised the "effective absence of any control" on Mr Gogarty, who had abused his position to make comments which were "grossly defamatory". He cited a report in the Examiner newspaper which stated: "Suicide is attempted by businessman who lost £6 million in enterprise".
This headline was admittedly inaccurate, Mr Cooney conceded, but it would not have been possible without comments made by Mr Gogarty in the witness box.
The likelihood now is that Mr Cooney and Mr Colm Allen SC, for Mr Bailey, will insist that Mr Gogarty give precise answers to the questions he is asked, and not be allowed to digress.
In his ruling, Mr Justice Flood imposed strict safeguards designed to prevent further leaks of confidential material. He said Mr Gogarty's documents would be made available for inspection by lawyers for Mr Bailey and Mr Murphy only at the tribunal offices. Mr Gogarty's lawyers would also have the right to inspect documents filed by the other parties.
If any of the parties considers that a particular document is of relevance to its case, the judge may decide to have it introduced in evidence before the tribunal. It would then be copied and circulated to relevant parties.
Mr Gogarty is due to resume giving evidence at 10 a.m. today. Because of ill health, he is being asked to give evidence only in the mornings.
Earlier yesterday, there were heated exchanges involving Mr Cooney, Mr Allen and one of the lawyers on the tribunal team, Mr John Gallagher SC. Mr Cooney accused Mr Gallagher of "favouritism" towards Mr Gogarty, while Mr Allen said Mr Gallagher gave the impression that he had to "protect or buttress" the integrity of the witness.
Mr Gallagher said he took particular offence at the latter accusation.
The tribunal was being run on an ad hoc basis, Mr Allen claimed. He asked when "we are going to learn about the Garda investigation into allegations that Mr Gogarty paid at least one individual substantial sums of money to deliver bullets".
This appears to be a reference to an allegation made in 1981 by a worker employed by Joseph Murphy Structural Engineering at the Moneypoint power plant. It is contained in a statement passed late last year from the Chief State Solicitor's office to the tribunal.
However, Mr Justice Flood interrupted Mr Allen and ruled the matter inadmissible and irrelevant to the present case.
