An issue involving Mr Gogarty's evidence in his affidavit about the Moneypoint ESB generation plant in Co Clare, which would have taken up one or two weeks of the tribunal's time, was ruled out as irrelevant by the chairman yesterday.
Mr Gogarty had given evidence on January 18th on how he sought monies from the ESB in respect of JMSE's work at the Moneypoint plant. He said that he expected to be able to keep half of everything he extracted from the board in excess of £42,000.
Yesterday, when Mr John Gallagher SC, for the tribunal, attempted to examine Mr Gogarty on his references to Moneypoint in his affidavit, Mr Garrett Cooney SC, for the Murphy group, objected.
Mr Cooney said Mr Gogarty's allegations purported to relate to events in late 1981, early 1982. None of the events had any connection with the terms of reference of the tribunal.
He said if the chairman decided to have the matter canvassed in evidence, not only by Mr Gogarty but by all other witnesses - a substantial number of witnesses, including many gardai - this would add hugely to the tribunal's length.
He said they would not be canvassing the matter in cross-examination. Mr Eamonn Leahy SC, for the Baileys and Bovale, said it was not his intention to raise this in cross-examination.
Mr Frank Callanan SC, for Mr Gogarty, submitted that these matters were all in or all out. It was only a fair and proper course that Mr Gallagher should deal with matters referred to in his affidavit and matters arising. The appropriate time was now.
The chairman ruled the Moneypoint issue was outside the terms of reference and he would not allow cross-examination based on it to establish credibility.