Mr James Gogarty's legal team yesterday asked to be allowed to attend the taking of Mr Joseph Murphy snr's evidence in the Channel Islands.
Mr Frank Callanan SC, for Mr Gogarty, said it was proposed that Mr Murphy's evidence should be taken only in the presence of the sole member of the tribunal, the tribunal lawyers and Mr Murphy's legal representatives. The proceedings would be conducted by video-link to Dublin.
Mr Callanan said that Mr Gogarty's position was unique and he had been the subject of vigorous cross-examination by the Murphy legal team.
"It is not possible to carry out a sufficient cross-examination of Mr Murphy at long distance. It would be unfair and inappropriate to restrict the cross-examination by counsel for Mr Gogarty," Mr Callanan stated.
His obligation to all Mr Gogarty's interests would be compromised, and excluding Mr Gogarty's legal representatives put them at a disadvantage.
The chairman said he would envisage that the tribunal team would consist of one senior counsel, one junior counsel, a solicitor, the registrar and a stenographer. He could only invite other parties to follow that example.
He said he had considerable medical reports that Mr Murphy, who was 82, was suffering a number of infirmities. He should not be stressed and, if he was, it could be medically threatening to him.
Mr Michael Cush SC, for the Murphy Group, and Mr Desmond O'Neill SC, for the tribunal, both objected to Mr Callanan's application.
The chairman said he would reserve his decision until today. Mr Callanan said if his application were granted, they would send one counsel and one solicitor.