Murphy threatened to `break every bone' in Gogarty's body

The Flood tribunal's chief witness told the inquiry about receiving threatening phone calls in the middle of the night from Mr Joseph Murphy jnr.

Mr James Gogarty, a former senior executive with Joseph Murphy Structural Engineering (JMSE) claimed he received the calls in which Mr Murphy accused him of "going to the Revenue" and threatened that he would break every "f...ing bone" in his body and "kick the shite" out of him. Mr Gogarty said he had to phone the Garda.

Mr Gogarty said the calls in June 1994 followed a Circuit Court judgment in his favour after he sued the Murphy group over expenses and the way his P60 form - which lists the amount of PAYE and PRSI paid in a year - was filled in. He said the group had appealed the decision to the High Court.

Mr Gogarty, who paused repeatedly to sip water, told counsel for the tribunal, Mr John Gallagher SC, that on the night he received the calls, June 19th, 1994, he was alone at home.

He had gone to bed at 11 p.m. and was woken after 2 a.m. by a call from Mr Murphy jnr.

Mr Gogarty recognised his voice. "He accused me of going to the Revenue and threatened me. He said he was on his way out to kick every f...ing bone in my body and to break every bone in my body and to kick the shite out of me and that he wouldn't leave a roof over my head."

The witness said he threatened Mr Murphy with the law and that he was going to the solicitor. Mr Murphy said: "F... the solicitor".

He would get his P60 but "by the time I'm finished with you . . ."

Mr Gogarty said he hung up the phone. "I took a glass of water and thought about it. I had nobody in the house with me and I dialled 999."

He spoke to a garda who told him to keep calm and that they would send over a squad car. The phone rang again and he thought it was the gardai. "It was that blackguard again," the witness said. He accused Mr Gogarty of hanging up and was abusive.

"I'm not saying I wasn't abusive but I was defending myself and my wife, family and house," he said, raising his voice. "I would do that to the last drop of my blood in my body."

By then his wife had arrived home and the door bell rang and two gardai arrived. Mr Gogarty said he understood that one of the gardai lifted the phone in the hall and listened in to the conversation.

Afterwards he said the gardai told him that they would have no difficulty in locating the caller, interviewing him and sending a file to the DPP. When Mr Gogarty said that Mr Murphy had a previous conviction for assault, the chairman of the tribunal, Mr Justice Flood, interrupted and told counsel to keep control of the witness.

Mr Gogarty read a statement of what happened which he had written at the time of the incident. He repeated most of his direct evidence that Mr Murphy had called him a "f...ing bastard" and told him to tape the conversation.

When Mr Gogarty said he did not need a tape, Mr Murphy had replied: "Tape this, you bastard, you wrote to the Revenue and brought them into my company." The witness said he did not and he objected to the threats.

Mr Murphy had then said: "I'm telling you, you'll get your f...ing P60 and your expenses, but it will cost you dearly."

The witness said he had told Mr Murpy the court said he was entitled to the correct P60 but that the solicitors told him JMSE was appealing.

"F... the solicitors, there will be no appeal and I'll have no more of your legal hassle and I'm telling you to tape this and make sure you get the message," Mr Murphy told him.

He repeated that he would break every bone in his body and when Mr Gogarty said that these were very serious threats, Mr Murphy replied: "You are getting the message".

When the witness said he repeated that he had not gone to the Revenue, he added that "I'll bet you £5 I didn't and what's more if you can produce a letter which I wrote to the Revenue, I'll eat it in your presence."

When Mr Murphy phoned the second time he was abusive again and Mr Gogarty said he was upsetting his wife. Mr Murphy replied: "I apologise if I have upset Anna but I have no apologies to make to you, you f...ing bastard. You wrote to the Revenue, don't deny it."

Asked afterwards about his state of mind following the phone calls, Mr Gogarty said that "we were frightened out of our wits".