The Government has expressed concern about "developments that could undermine the work of the Flood Tribunal" following the release of details from the affidavit of the tribunal's chief witness, Mr James Gogarty.
Published extracts from the affidavit included an allegation that "money would have to be paid" to six serving Dublin county councillors in 1989 to obtain rezonings of land. Their publication will cause anger and dismay to the five individuals and related companies named by Mr Gogarty in his affidavit and accused of improper or criminal behaviour, all of whom are expected to contest them vigorously.
The legal representatives of Mr Michael Bailey and Bovale Developments yesterday called for a Garda investigation into how the material had come into the possession of the Sunday Independent. They said they were "shocked and horrified" by the latest leaks. The release of such a central piece of information in the tribunal's work will be a source of keen embarrassment to Mr Justice Flood, who has warned against such actions on occasions. Last week the legal representatives of those interests threatened a High Court challenge and sought a postponement of a public hearing of Mr Gogarty's evidence, which was to have taken place this week. They argued they had not had sufficient time to examine and evaluate the allegations. Mr Justice Flood rejected most of the legal arguments advanced and criticised the former Minister, Mr Ray Burke; Mr Joseph Murphy Snr of Joseph Murphy Structural Engineers; Mr Michael Bailey of Bovale Developments; Mr George Redmond, a former manager with Dublin County Council, and Mr Gerard Downes, a former director of JMSE, for failing to make written statements to the tribunal. It was difficult to reconcile this failure, he said, with the professed intentions of Mr Bailey and Mr Burke to co-operate fully with the tribunal.
A new date for hearing Mr Gogarty's evidence was set for January 12th by Mr Justice Flood on the grounds that the age of the witness - he is 81 - and the public interest demanded an early hearing. Now that the details of Mr Gogarty's affidavit are in the public domain, some of the legal arguments made no longer apply. And natural justice would demand that those accused of wrongdoing should have an early opportunity to vindicate themselves.
Some months ago representatives of Mr Ray Burke sought a Garda inquiry into leaks from the tribunal, but it was not granted. Instead, Mr Justice Flood publicly distanced his secretariat from the matter and said no documentation furnished to the tribunal in confidence had been disclosed to any third party. He was, however, aware that "certain parties" who had provided information to the tribunal, or who might be under investigation by it, had made direct disclosures to the media. He said it was important to avoid disclosure of confidential information before public sittings took place.
Many of the details published yesterday from Mr Gogarty's affidavit, particularly in relation to payments made to Mr Burke by Mr Murphy and Mr Bailey, were already in the public domain and had been denied.
Some fresh material involved allegations of intimidation of workers at a JMSE site in Moneypoint, Co Clare, in 1981, and allegations of threats and of bullets being sent through the post. Other unsubstantiated allegations against JMSE include tax discrepancies and business irregularities.
A spokesman for the Government expressed concern that the leaking of sensitive material could have implications for the work of the tribunal. The tribunal itself offered no comment.