A submission by counsel referring to an allegation about Mr James Gogarty led to a heated exchange at the tribunal yesterday and was ruled inadmissible.
Mr Colm Allen SC, for Bovale Developments Ltd, Mr Michael Bailey and Mr Thomas Bailey, had stated: "How and when are we going to learn of the Garda investigation into the allegations that Mr Gogarty himself paid an individual, at least one individual, substantial sums of money to deliver bullets which were required by Mr Gogarty, which were required . . ."
Mr Justice Flood, the chairman, interrupted and said: "Wait now, this is going absolutely outside the provenance . . ." Mr Allen: "It certainly is not."
The chairman said: "I am now going to rule it is inadmissible."
Mr Allen: "It is not inadmissible".
The chairman said: "I really find you are going far outside your warrant. It is very unfair to Mr Cooney's client to deal with this matter as to whether or not this is admissible without him questioning it and having a ruling from this court."
Mr Allen: "This isn't a court."
The chairman then asked if Mr Cooney wanted to intervene.
Mr Garrett Cooney SC, for JMSC and Mr Joseph Murphy, said the previous day the chairman had said he would rule on the admissibility of evidence.
Mr Allen said all he had sought was exactly what it was the tribunal intended doing. He would not have to make the submission if there had been an opening statement.