Former Fianna Fáil TD Mr Liam Lawlor is set to take High Court proceedings against the tribunal once again.
Lawyers for Mr Lawlor told the tribunal yesterday they would be seeking a judicial review of the tribunal's refusal to provide them with access to confidential statements made by developer Mr Tom Gilmartin.
The proposed challenge is similar to that taken by developer Mr Owen O'Callaghan, who earlier this week obtained a favourable High Court judgment on access to Mr Gilmartin's statements.
Mr Lawlor, who has engaged in lengthy legal battles with the tribunal over the past six years and has spent six weeks in jail for failing to co-operate with the inquiry, appeared yesterday with a legal team for the first time in the present module.
Mr Pat Russell, barrister, for the former TD, argued that the tribunal should defer his client's evidence in the light of this week's High Court judgment. This would effectively postpone Mr Lawlor's appearance in the witness box until the autumn.
Responding yesterday to the O'Callaghan judgment, Judge Alan Mahon said the tribunal was not prepared to reschedule the evidence of Mr Lawlor or anyone else until its appeal against this judgment had been heard.
However, Judge Mahon did agree to postpone Mr Lawlor's evidence until next Wednesday in order to allow Mr Russell time to prepare.
Judge Mahon said the effect of the High Court decision was that all statements made by Mr Gilmartin in confidence to the tribunal would have to be circulated. Mr Gilmartin would then have to be examined on these statements.
But he pointed out that the court had placed a stay on the judgment and the tribunal had 21 days to lodge an appeal to the Supreme Court. The effect of this was to maintain the status quo until such time as the Supreme Court determined the matter.
Mr Russell expressed disappointment at the tribunal's refusal to release Mr Gilmartin's statements and indicated that Mr Lawlor would be taking High Court proceedings to challenge this decision.
Applying for representation on behalf of Mr Lawlor, he explained that his client intended to continue representing himself when other witnesses were in the box. He was seeking representation only for the hearing of Mr Lawlor's own evidence.
Counsel then formally requested access to Mr Gilmartin's confidential statements, saying they would be "most helpful" to his preparations.
Mr Lawlor's legal team had only recently been briefed, and had been provided with 4,800 pages of information from the tribunal alone, he said. In these circumstances, it needed more time to prepare before his client entered the witness box.
Mr Lawlor was facing serious allegations made by Mr Gilmartin and would be "at peril" in the witness box. He asked the tribunal to reschedule Mr Lawlor's evidence so that it would take place after the re-examination of Mr Gilmartin. Because Mr Gilmartin is currently indisposed and the legal holidays are approaching, Mr Gilmartin will not be able to return to the box until the autumn.
