An affidavit by a former chief executive of the Murphy group, sworn in an unfair dismissal case against the company, could only be identified and not introduced in evidence at this stage, the tribunal ruled yesterday.
Mr John Gallagher SC, for the tribunal, said that in the course of evidence Mr James Gogarty had indicated that he had received a copy of the affidavit of Mr Liam Conroy from Mr Joe Murphy snr. He would like him to identify it.
The chairman said Mr Cooney's client, Mr Murphy snr, according to evidence, gave an affidavit sworn by Mr Conroy, the plaintiff in an action, to Mr Gogarty, with a request that he draft a replying affidavit, which was never sworn.
The chairman had no objection to it being identified as the document Mr Gogarty received. He did not see that it should go any further at the moment.
Mr Gallagher said it was relevant because Mr Gogarty had sworn that it was given to him by Mr Murphy snr and that the contents of the affidavit were the reasons Mr Murphy snr wished to sell lands.
Mr Garrett Cooney SC, for the Murphy group, said: "In no circumstances should the contents of the affidavit be used. It was made by a man [Mr Conroy] who is in a position of hostility and antipathy to my clients at the time. It was made for the purposes of proceedings in another jurisdiction and it is made by a man who is now dead and cannot be called as a witness in this case. In other words, I have no way to challenge the veracity of averments made in that affidavit."
The chairman said all he was now doing was allowing the document to be identified.
Mr Frank Callanan SC, for Mr Gogarty, said he would be putting the document to Mr Gogarty on cross-examination and he would certainly be cross-examining Mr Murphy snr on it.
The chairman said he did not think it was the appropriate moment to deal with it.
Mr Gallagher asked Mr Gogarty if a document was the draft affidavit in reply to Mr Conroy's affidavit.
"It appears to be," Mr Gogarty said.
Mr Gallagher then asked if he would identify a document as the affidavit of Mr Conroy.
"That's what started it all off," Mr Gogarty said.
Mr Gallagher asked him again if that was the document.
"Oh, yes, there is no doubt about that. Will I read it?"
Mr Gallagher replied: "Not at the moment."