Mr James Stafford's statement that he was told he would have to pay money for a broadcasting licence was "hearsay quadrupled", Mr Aidan Walsh SC, counsel for Mr Ray Burke, said yesterday.
Mr Walsh objected, when Mr Hanratty SC, for the tribunal, began to question Mr Stafford on the issue of payment for broadcasting licences.
In his statement to the tribunal, Mr Stafford said he was told by Mr Oliver Barry if he wanted a licence he would have to pay £90,000 for a national licence, £75,000 for a Dublin licence and £25,000 for a local licence.
Mr Walsh said the matter should not be raised as there was a constitutional right to a good name and the claims were no more than allegations.
He said nobody agreed with Mr Stafford's evidence with regard to the payment, even though the matter had been investigated thoroughly. "It has been denied by everyone," he said.
Mr Walsh added: "It amounts to hearsay, hearsay, hearsay. It is hearsay quadrupled," he said.
He said groundless allegations should not be brought up before the tribunal because, although they may be false, people reading media reports of the matter would be left with the impression of the allegations.
He said those implicated by Mr Stafford's allegations would never have their good names restored and the rights of innocent people had to be balanced.
He added that all evidence pointed out the claims were false as it was Mr Burke who brought in legislation to set up the Independent Radio and Television Commission (IRTC) which had acted independently. "Mr Burke didn't interfere with them," he said. He said the claims were "false, baseless rumour and innuendo".
Mr Hanratty SC, for the tribunal, said Mr Stafford's evidence regarding payments for broadcasting licences taken with other evidence may be important information for the tribunal.
He said the tribunal's private investigations regarding the payment had proved inconclusive but not to hear the evidence from Mr Stafford would have implications for all evidence at the tribunal. "The logical consequence will be not to proceed to hear any evidence," he said.
"I accept the evidence has no probative value on its own but it might have probative value with other evidence," he added. Mr Hanratty said the matter should not be ruled out because it was considered hearsay.
Mr Hanratty added that Mr Walsh would be given an opportunity to cross-examine Mr Stafford and query his allegations.
Mr Justice Flood said he would have to consider the matter carefully and would probably make a ruling today on whether Mr Stafford's evidence regarding payment for radio licences should be heard.
He said both the lawyers for the tribunal and for Mr Burke could submit short written submissions to him on the matter this morning and he may make a ruling in the afternoon.