Evidence will not be taken from Mr James Gogarty today or next Monday, in deference to the strain Mr Gogarty is under, Mr Justice Flood said yesterday. At several points yesterday, Mr Gogarty became distressed and had to take a break from giving his evidence.
At one point he appeared to stumble as he was being helped from the witness box and he spent some minutes recovering with the aid of his solicitor. Mr Gogarty was also unable to restrain himself from emotionally commenting on the evidence as it arose, especially at parts where he found conflict with others. He said Mr Roger Copsey was a "black guard" in asking him to sign the 1988 accounts for JMSE.
When it was put to him that there was an apparent conflict between his version of a deal with the ESB and the version credited to his one-time colleague, Mr Marcus Sweeney, Mr Gogarty replied: "Sweeney was a wheeler and dealer. He'd sell his mother today and he'd sell her next week."
Following Mr Gogarty's evidence yesterday, his counsel, Mr Frank Callanan SC, said Mr Gogarty had expressed the hope that he might be excused on today and Monday.
However, while Mr Justice Flood said he was anxious to accommodate Mr Gogarty and was concerned about his health, he was also anxious to get the business of the tribunal done.
Mr Justice Flood suggested to Mr Callanan that it might be possible to allow Mr Gogarty today, tomorrow and Sunday to rest, and in the interim Mr Callanan might take instruction on whether Mr Gogarty would be fit to give evidence on Monday. Mr Callanan responded, however, that Mr Gogarty had requested today and Monday as days of rest.
In acceding to his request, Mr Justice Flood said the tribunal would resume to discuss submissions from counsel on Monday at 10 a.m. He also told Mr Callanan he hoped Mr Gogarty would be available to the tribunal for four days next week.
