The planning tribunal may face a new High Court challenge which could delay the completion of Mr James Gogarty's cross-examination by several weeks.
Lawyers for the Murphy group are ready to go to the High Court to challenge the chairman's decision to admit in evidence a controversial affidavit prepared by a former chief executive, the late Mr Liam Conroy. The affidavit contains details of the tax affairs of Mr Joseph Murphy snr and his companies. Mr Gogarty has claimed it accuses Mr Murphy of "everything under the sun".
The tribunal was to hear from counsel for the Murphy group yesterday on compromise proposals to avoid a High Court action. However, because of other matters relating to the Criminal Assets Bureau, it was decided to delay dealing with the Conroy affidavit until this morning.
Lawyers for the Murphy group are expected to propose that the Conroy affidavit be dealt with only in private session. They indicated clearly yesterday their intention to go to the High Court to prevent disclosure of the document if Mr Justice Flood rejects this proposal.
Mr Garret Cooney SC, for the Murphy group, said he required a decision urgently because there were solicitors' instructions regarding a judicial review of the chairman's decision.
Yesterday, morning, Mr Desmond O'Neill SC, for the tribunal, said the Attorney General had been notified in the public interest of certain evidence. A representative of the AG needed further time to consider the matter and he asked that it be put back to 2 p.m.
Mr Gogarty is due to resume his cross-examination, including a brief re-examination of certain matters by Mr Cooney, today. However, Mr Gogarty's lawyers have indicated that they are not prepared to cross-examine the witness unless they can raise the Conroy affidavit.