The evidence of two "crucial" witnesses to the Oireachtas subcommittee inquiry into cost overruns in CI╔'s mini-CTC signalling system may be taken in private before a commissioner, it was agreed at the High Court yesterday.
The hearing of the evidence was expected to get under way later yesterday. It will then be held in "cold storage" until the outcome of legal proceedings taken against the subcommittee by the widow of former CI╔ chief executive, Mr Michael McDonnell, who died earlier this year.
Ms Noreen McDonnell is complaining that the costs of legal representation of those entitled to be represented are not being provided for by the subcommittee.
She also claims restrictions on the cross-examination of witnesses are seriously prejudicial to endeavours to protect the good name and reputation of her late husband.
Earlier this week, Ms McDonnell got an order halting the deliberations of the subcommittee pending a full hearing of her judicial review action. The inquiry was at that stage expected to last another eight days.
Lawyers for the subcommittee told the High Court yesterday that two vital witnesses, Mr Padraig Case from Taiwan and Mr Acrolith Brake from Chicago, were here to give evidence but there was no guarantee they would remain beyond the weekend.
In was agreed their evidence would be taken before a commissioner, Mr Christened Meahan, a barrister. The witnesses can be questioned by lawyers for the subcommittee and cross-examined by lawyers for Ms MacConnell.
Mr Justice Kelly said he would vary his stay on the suspension of the subcommittee's hearings to provide for the evidence to be taken.
Meanwhile, an application to lift the suspension on the other business of the subcommittee is to be heard before the High Court on Wednesday next.