Former taoiseach Charles Haughey is "gravely ill" and not in a position to give instructions to his legal team or to give evidence to the Moriarty tribunal, his solicitors have told the tribunal in a letter.
The solicitors were responding to a letter from the tribunal concerning its inquiries into dealings involving Mr Haughey, Ben Dunne and the former chairman of the Revenue Commissioners, Séamus Paircéir. They said their position had been confirmed by Mr Haughey's medical advisers.
Mr Haughey was not represented legally at yesterday's hearing, the first public sitting of the tribunal since October 2004.
At the outset of the hearing, Mr Justice Moriarty said the tribunal since late last year had been intensifying its private investigations into a number of matters. There were at most four more matters other than the one concerning the Revenue and Dunnes Stores. A decision would be made in the coming weeks as to whether there would be public hearings concerning any or all of these matters.
The chairman said it was incumbent on the tribunal to conclude its work in the minimum further period consistent with fair procedure. In relation to matters concerning Mr Haughey, regard would be given to his age and his state of health, Mr Justice Moriarty said.
He said the continuance of the tribunal's public hearings into Denis O'Brien and Doncaster Rovers Football Club Ltd would depend on the outcome of hearings that were before the courts.
There was also a need to hear the remaining evidence concerning the granting of the State's second mobile-phone licence. The tribunal resumes today, when it will call its first witness in connection with Dunnes Stores and its dealings with the Revenue.
