The Flood tribunal will today consider the response of Independent Newspapers to an order to produce its copy of the sworn affidavit of Mr James Gogarty.
Last Friday, Mr Justice Flood was harshly critical of the newspaper group for its lack of "elementary courtesy" towards the tribunal. He complained that, unlike other media, the group "give an impression that they consider themselves in some fashion to be above the law".
The Independent Group had declined an earlier invitation from the tribunal to make the document available, on the grounds that its source might be identified.
Criticism of the Independent Group was linked by Mr Justice Flood to the leaking of documents - including the affidavit of the tribunal's chief witness, Mr Gogarty - to its publications in "a conscious and deliberate attempt" to damage the reputation of particular individuals and to undermine the tribunal's work.
He was concerned confidential information was being "deliberately and systematically drip-fed to elements of the media."
Mr Pat Rabbitte of Democratic Left said yesterday there was "a calculated and deliberate attempt being made to strangle the Flood tribunal at birth and to ensure that it never got properly under way".
Speaking on RTE Radio's This Week, Mr Rabbitte compared the relative obscurity of the work of the Moriarty tribunal with the "constant diet" being fed to the public about the Flood tribunal through Independent Newspapers.
The tribunal intended to begin its work in January and he expected "a few more scud missiles to be fired at it before then". It was, Mr Rabbitte added, "a bit odd that a single newspaper group should be the bountiful recipient of all this information".
An Independent Newspapers spokesman last night declined to comment on Mr Rabbitte's remarks.
Meanwhile, Mr Tom Gilmartin, a British-based property developer, confirmed to The Irish Times yesterday that it is now his intention not to give evidence before the Flood tribunal because he regards the exercise as a waste of time after last week's tax decision in Mr Charles Haughey's case.
Mr Gilmartin had earlier co-operated with the tribunal and furnished a sworn statement dealing with planning irregularities and financial payments.
Details of his change of heart appeared in yesterday's Sunday Independent.