The tribunal chairman yesterday refused an application for a former managing director of JMSE to be discharged as a participant in the proceedings.
The application for Mr Marcus Sweeney had been made by his senior counsel, Mr Michael O'Donoghue, who said his client had received a letter last October suggesting that he was the subject of allegations by Mr James Gogarty. He was allowed limited legal representation.
Now that Mr Gogarty had completed his direct evidence, the allegations were of a vague variety. There were a number of vague and utterly unsubstantiated allegations against him based on hearsay, and on hearsay upon hearsay, Mr O'Donoghue said. Mr Sweeney denied all allegations and would deal with them if it was necessary to do so.
It was not only unfair but quite impossible for Mr Sweeney to meet the allegations. There was no documentary evidence or tangible evidence of any situation brought up by Mr Gogarty. Mr O'Donoghue also said that Mr Sweeney could not afford to attend with solicitor and counsel indefinitely.
Mr John Gallagher SC, for the tribunal, said Mr Sweeney would be called to give evidence. They could receive a transcript and not attend the sittings. The chairman said Mr Sweeney was a managing director of JMSE from 1982 to 1988. He did not know what matters may arise involving Mr Sweeney. The application was premature. He said he saw no reason why Mr Sweeney and his legal team should not receive a transcript each day and keep the situation adequately monitored. If anything arose in which Mr Sweeney was likely to be affected, he (chairman) would take every step to advise the legal team.