THE contents of an affidavit understood to contain allegations against the Murphy group which was filed by a former chief executive, the late Mr Liam Conroy, in an unfair dismissal case against the companies are to be admitted in evidence at the Flood tribunal.
Another document, a disciplinary ruling of an established professional body in the UK relating to the professional conduct of the Murphy group financial controller, Mr Roger Copsey, is also to be admitted.
Mr Justice Flood made the rulings after hearing submissions from lawyers for the various parties in private session yesterday on the application of Mr James Gogarty's lawyer, Mr Frank Callanan SC.
The chairman said: "In my view, it is an unrealistic proposition to invite a tribunal to have regard to the fact of an affidavit or to the fact of the disciplinary findings, and the potential effect of both of these, without considering the content."
Mr James Gogarty's legal team has claimed the Conroy affidavit backs up Mr Gogarty's version of events.
Mr Liam Conroy, who died last summer, was the chief executive of the English and Irish trusts of the Murphy group. In 1988 Mr Conroy filed proceedings for wrongful dismissal against the company in the Isle of Man and swore the affidavit.
Mr Gogarty in his direct evidence to the tribunal claimed Mr Conroy's affidavit accused the founder and owner of Joseph Murphy Structural Engineering (JMSE), Mr Joseph Murphy snr, of "everything under the sun". He said that when Mr Conroy filed proceedings, the affidavit motivated Mr Murphy to dispose of all his lands in Ireland as he was concerned about the Revenue.
In January the chairman had described the affidavit as "relevant to the whole aspect of the beginning of the sale of [Murphy] lands and why the sale arises".
Yesterday the chairman ruled out the admission of a statement by Mr Michael O'Sullivan, former chief engineer at the ESB Moneypoint plant. Part of this statement was leaked to the Sunday Times and brought about an adjournment of the tribunal until next Monday.