Haughey team to query fitness to give evidence

Mr Charles Haughey's medical team is set to issue a statement strongly contesting the finding that he is fit to give evidence to the Moriarty tribunal.

Four members of the former Taoiseach's team discussed the case on Sunday and again yesterday. They are angry at the tribunal's decision to give more weight to the advice of two London-based experts of "international repute" than it does to their view.

The team is understood to have considered taking legal advice and yesterday decided to prepare a public statement.

The doctors will repeat their view that Mr Haughey, given his condition, should have no more dealings with the tribunal. The team has been studying the reports of the London consultants.

The tribunal chairman is not now expected to issue an order this week that Mr Haughey be interviewed in Dublin Castle by way of "taking evidence on commission" (a process where questioning takes place in private and the transcript is then read into the record of the tribunal).

While the tribunal will sit later this week, Mr Justice Moriarty will not make an order concerning Mr Haughey.

When the tribunal does sit to issue the order, lawyers for Mr Haughey are expected to argue that their client is not in a fit condition to give evidence.

If Mr Justice Moriarty decides to go ahead despite this argument, the only option left for the former Taoiseach is to seek a High Court judicial review.

Mr Justice Moriarty announced his intention to make the order on Thursday after receiving reports from Mr Gordon Williams, a consultant urologist at Hammersmith Hospital, London, and Prof Martin Rossor, a consultant neurologist at St Mary's Hospital, London.

Mr Haughey is suffering from terminal cancer of the prostate and is also "cognitively impaired".

Today's statement is expected to be issued by Mr Peter McLean, a consultant urologist with the Mater Private Hospital and former president of the Royal College of Surgeons; Mr Timothy Lynch, also of the Mater Private; Dr Paddy Kelly, Mr Haughey's long-time GP; and a representative of the Sloan Kettering Cancer Centre in New York.