The tribunal chairman made a number of interventions yesterday in an attempt to control acrimonious exchanges and comments during the cross-examination of Mr James Gogarty by senior counsel for the Baileys, Mr Colm Allen.
Mr Allen asked when Mr Gogarty prepared a two-page hand-written document with the addresses and telephone numbers of the Murphys and their solicitor.
Mr Gogarty said it was mid-1995. He defied him to tell him that Fitzsimons Redmond & Co, solicitors, surfaced as Mr Joseph Murphy junior's solicitors before August 1995. "If you can prove that to me, I'll eat the bloody proof," Mr Gogarty said. Mr Allen said all he asked him was when he had prepared the document, and said he had not accused him of anything.
Mr Gogarty said: "Well, you are only starting, sure, give you a start."
The chairman intervened: "Please, this is the precise conduct that led to the insults yesterday and it must stop."
Asked again, Mr Gogarty said it was mid-1995. "That's when Fitzsimons Redmond surfaced for the first time. Before that their solicitors were Bryan J. Strahan of Gerard Scallan. . .Are you writing all that down for your own reference?"
The chairman said: "Mr Gogarty, I'm polite to you and I expect you to be polite to everybody else."
Asked for what purpose the document was prepared, Mr Gogarty said Mr Murphy junior had been evading service of proceedings for 12 months and he had put together a number of possible addresses where he could be located.
Mr Allen said Mr Bailey would give evidence, supported by his brother Mr Thomas Bailey, that he (Mr Gogarty) handed the document to Mr Michael Bailey at the witness's house.
Mr Gogarty replied: "I said he's telling a bloody lie."
Mr Allen said his clients would say he gave the document to Mr Michael Bailey.
Mr Gogarty said: "You (Mr Allen) didn't mention about the forgery, the dates. Who did that? Who put that on?"
The chairman said: "Mr Gogarty, I have already intervened and pointed out that you are not entitled to ask questions of the counsel who is cross-examining you. Please desist."
Mr Allen said that Mr Michael Bailey would say in evidence that the meeting in his house in Sutton took place on July 1st, 1996. Mr Gogarty said it was a lie. He claimed to have met him in Sutton Castle in August 1996.
Mr Allen said it would also be Mr Bailey's evidence that Mr Gogarty showed him pellet bullet holes in the window of his home.
Mr Gogarty said: "Jesus, in 1996? Oh Jesus, you are codding me now and you are codding yourself. I have to answer it because what you are saying is just gobbledy-gook. There was no bullet hole in my window in 1996. There was, in 1991, and it was repaired completely in 1991."
When further questioned, Mr Gogarty said: "That will all come out in the washing too, so it will." Mr Allen asked him what he meant by that.
"That you will be stuffing it down your throat, what you are suggesting and you will be eating it with humble pie," said Mr Gogarty.
The chairman intervened: "Again, Mr Gogarty, I have pointed out repeatedly yesterday and repeatedly today that exchanging insults is not the purpose of this tribunal."
Mr Gogarty said: "I will tell you my counsel will be putting it later on about the insurance company that was involved and the whole bloody lot. "You know it sickens me to see you (Mr Allen) going on like a second-rate barrister, so it does. It sickens me."
The chairman said: "Mr Gogarty, you are just becoming more and more rude and it just has to stop."
When asked by Mr Allen again, Mr Gogarty said it was untrue.
Mr Allen said: "That is perfectly satisfactory."
The chairman commented: "Mr Allen, it doesn't require a comment that it is perfectly satisfactory."