Bailey complains of counsel's `bullying'

Mr Michael Bailey feels he has been bullied by counsel for Mr James Gogarty, he told the Flood tribunal yesterday.

Mr Bailey made his accusation after a heated opening exchange with Mr Brian O'Moore, in the course of which Mr Gogarty's counsel questioned the credibility and consistency of Mr Bailey's evidence.

Mr Bailey accepted that he had told Sunday Business Post journalist Frank Connolly a lie. He told Mr O'Moore: "I have no problem saying that I told the man a lie and I'm sure all the journalists here behind me have listened to lots of lies from your type of people the same as anybody else over their lives." Mr O'Moore replied: "Mr Bailey, we'll pass on the personal comments and we'll just move on." Mr Bailey: ". . . If you want to start that tone with me, I will answer you back in the same tone . . . if you're going to start bullying me. I've been treated by the previous people tough and straight, but if you're going to start bullying me, you're not going to bully me, I'll tell you straight". Mr O'Moore: "Mr Bailey, I'm making no effort to bully you."

Mr Bailey: "Well, your tone of voice now to me is not the tone of voice I was reared with."

Mr O'Moore: "Mr Bailey, there will be no bullying from me and can I give you some assurance of that now?"

The chairman of the tribunal, Mr Justice Flood, said he hadn't noticed "that there was any bullying tone", but acknowledged that Mr Bailey might construe Mr O'Moore's tone in such a manner.

If a witness protested, he would inquire into those protests "and see whether it's justified or not".

While he did not think Mr Bailey's complaint to be justified, he nevertheless hoped Mr Moore would "endeavour not to repeat the same tone in his voice" and "proceed with a quiet tone".