Beset by media leaks and legal wrangling

And so, 13 months after it was established, the first witness to come before the planning tribunal was not a politician with …

And so, 13 months after it was established, the first witness to come before the planning tribunal was not a politician with a reputation to lose, or even a developer with a few secrets to unpack, but a little-known newspaper executive with next to nothing to tell.

Mr Michael Roche, managing editor of Independent Newspapers, had not seen the affidavit which was the subject of yesterday's hearing, though he conceded that up to 10 other people in the company had. Although he asked the journalist who had the document for a look, he "didn't insist".

This was not the fault of Mr Roche, sent in to bat as the representative of Independent Newspapers. Mr Roche was not even in his current position of responsibility when the Sunday Independent published extracts from Mr James Gogarty's affidavit last month.

Getting the right person in the right place - the witness stand - at the right time is proving a difficult task for the chairman, Mr Justice Flood, and his team. Even as the way was being cleared for the re tired building executive, Mr James Gogarty, to give evidence next month, the tribunal's other main witness, the property developer, Mr Tom Gilmartin, indicated his intention to drop out.

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The hearing of Mr Gogarty's evidence has already been postponed once and, given the frail health of the 81-year-old former employee of Joseph Murphy Structural Engineering, further delays are possible.

To the casual observer, it must seem that the tribunal is becoming mired in legal wrangling, reluctant witnesses and media leaks, but to what extent is this true?

There is no doubt that the threat of legal proceedings hangs over the tribunal's every move. The State's finest - and no doubt most expensive - legal brains have been retained to look after the interests of the builders and politicians who stand accused by Mr Gogarty and Mr Gilmartin.

Mr Gilmartin is a mercurial character with a colourful turn of phrase, the latest being to describe tribunals as being "about as useful as tits on a bull". He cites the Haughey tax appeal as his main reason for reversing his decision to give evidence. It took a lot of persuading to get the Luton-based developer to co-operate. He changed his mind repeatedly and could well do so again.

However, the real bugbear of this tribunal, which distinguishes it from others, is the issue of leaks. As Mr Justice Flood put it last week, confidential information is being "deliberately and systematically drip-fed to elements of the media". The chairman spoke of a "conscious and deliberate attempt" to damage reputations and to undermine the work of the tribunal.

Damaging though they are, most of the allegations concerning Mr Gogarty, Mr Gilmartin and other builders would be aired during the taking of evidence in public anyway. That leaves two possible reasons why the tribunal is anxious to stop the leaks.

First, a number of those under investigation have cited the fear of leaks as the reason for not co-operating with the tribunal. For example, Mr Owen O'Callaghan, Mr Gilmartin's former partner in trying to develop the Quarryvale shopping centre in west Dublin, has indicated he may not co-operate if the details of any tribunal investigation were to appear in the newspapers.

Second, the leaks are creating a political climate which could allow for the derailing of the tribunal before it has properly started.

Most of the critical comment - and most of the leaks - have appeared in newspapers owned or part-owned by Independent Newspapers. At the weekend, for example, the Sunday Tribune said the future of the tribunal was "in serious doubt" because of Mr Gilmartin's change of mind.

Last month the Irish Independent said the tribunal's plans for public hearings were "in jeopardy" because lawyers for the former minister for foreign affairs, Mr Ray Burke, had complained about leaks - a case of a leaked story about complaints about leaks.

Ironically, the owner of Independent Newspapers, Dr Tony O'Reilly, could well appear before the tribunal, arising out of the payment of £30,000 to Mr Burke by Rennicks Manufacturing, a subsidiary company under Dr O'Reilly's control.