The chairman yesterday condemned statements Mr James Gogarty had made about lawyers the previous day, but the witness raised the subject again and the tribunal was adjourned for 20 minutes.
Mr Colm Allen SC, for the Baileys and Bovale Ltd, said he had been asked by Mr Kevin Smith, of Smith Foy & Co, solicitors, to address the tribunal.
"Mr Gogarty has on a number of occasions after the last number of weeks attacked a variety of different individuals, in the most virulent terms, culminating yesterday in what I can only characterise as an unprecedented attack on the members of the solicitors' profession on this side, if I may so describe it, of the hall whom he identified pointing towards them and whom he characterised as crooks and criminals and in respect of whom he said they should be referred to the DPP," said Mr Allen.
Mr Kevin Smith was a solicitor and an officer of the court. He had been practising since 1962 and he was a solicitor in good standing.
Mr Justice Flood said he recognised the cogency of the remarks and he wanted to make it quite clear that he deprecated all the statements that were made which in any way threw doubt on the integrity or any criticism on the integrity of the legal profession appearing at the tribunal, and in particular of Mr Smith.
He had known Mr Smith for 40 years. He had found him a man of absolute integrity. His remarks should extend to the entire profession. He regretted that the incident had occurred. It was difficult to prevent it occurring but he would do his best. He had had dealings in private with all the solicitors connected with the inquiry and they had acted without in any way being otherwise than first class.
"I say no more except that I hope that Mr Gogarty has heard what has been said and what I have said." the chairman said and asked Mr Allen to resume.
Mr Gogarty said: "Did I name Mr Smith?"
Mr Justice Flood told him: "Mr Gogarty, I am not discussing this matter any further."
Mr Gogarty replied: "Well, I am being black-guarded by people insulting me and accusing me of saying something that is wrong. I am going on allegations that were made by a witness to this tribunal of criminal conduct by solicitors and I will name them. I want to protect my name as well."
The chairman adjourned and the tribunal resumed 20 minutes later.