Former Fianna Fáil TD Mr Liam Lawlor has withdrawn from the tribunal after he was refused leave to make a submission on the inquiry's changed terms of reference.
Mr Lawlor said he intended to seek a judicial review in the High Court of the tribunal's refusal to allow him to make an oral submission. He then withdrew before Mr Larry Goodman entered the witness box, saying "no productive purpose could be served by my continued presence until the courts have spoken".
The politician yesterday claimed the amended terms of reference granted to the tribunal by the Oireachtas last week gave the inquiry "the most sweeping powers imaginable".
Solicitor Mr John Caldwell has already begun court proceedings against the tribunal over its refusal to allow him make submissions.
Mr Caldwell and Mr Lawlor were involved with businessman Mr Jim Kennedy in a series of transactions involving land at Coolamber, near Lucan, which are currently under investigation by the tribunal.
Both men claim these matters do not fall within the tribunal's terms of reference and should not be investigated in public. Mr Kennedy, meanwhile, is refusing to co-operate with the tribunal.
Tribunal lawyers wrote to Mr Lawlor last week saying that if he believed the inquiry's amended terms of reference created "draconian" powers or were otherwise defective or unconstitutional, he should raise these issues "elsewhere".
Earlier yesterday, Judge Alan Mahon said it was for the tribunal alone to exercise discretion in deciding what matters should proceed to public hearing. "The tribunal does not therefore propose to entertain submissions made by any party as to how and in what circumstances its discretion should be exercised."
Under the amended terms of reference designed to bring an end to the tribunal by 2007, the tribunal will not accept any new allegations for investigation after next Thursday. The content of the last remaining public hearings will be decided before May.
Judge Mahon revealed that, where the tribunal had decided not to proceed to public hearings on a particular issue, this information would not be publicly made known. This means the public will never know which allegations the tribunal has decided not to investigate, and the reasons for that.
