Witness rejects claim on accounts

Mr James Gogarty's refusal to sign the accounts of Joe Murphy Structural Engineering was out of bloody-mindedness and part of the "guerrilla warfare" he was conducting against his employers, Mr Garrett Cooney SC said. Mr Cooney said the It was part of a series of measures taken by Mr Gogarty to secure a "large pension".

However, in an emotional outburst, Mr Gogarty denied he had any motive other than fear that the accounts were fraudulent.

"Frankie Reynolds refused to sign the accounts. Gay Grehan refused to sign the accounts. They will be coming in here and swearing to it - swearing to it. They refused to sign the accounts."

He continued: "That is all on the record, they will tell the whole truth and nothing but the truth, Mr Cooney, and don't be hiding behind a facade of innocence."

During his statement Mr Gogarty banged his fist on the witness box. He was reminded by Mr Justice Flood not to shout.

Mr Cooney again said Mr Gogarty's refusal to sign the accounts was part of his campaign against his employers, and then said Mr Gogarty had been given advice from two accountancy firms, Ernst and Whinney and Butler Bates, to the effect that there was nothing wrong with the accounts. Mr Gogarty replied "That's a damn lie. Show me the report from Ernst and Whinney, show me the report from - I am sorry I am talking so loud - please show me the report from Ernst and Whinney."

Mr Cooney said Mr Gogarty's reservations on the accounts were based "if they were true at all - purely on technical matters about the valuation of work in progress and the valuation of stock, and that if you had been open to reasonable persuasion at the time, the information which was given to you by the auditors . . . would have reassured you."

Mr Gogarty did not want to be reassured, Mr Cooney said, because signing the accounts would have lost him the benefit of a particular "weapon in your war against your employers".