Judge warns public to stay quiet

The chairman, Judge Alan Mahon, has threatened to restrict entry to the tribunal if members of the public continue to clap, laugh or jeer at the evidence.

In a statement read out at the start of yesterday's hearing, Judge Mahon issued a third warning to the public to stay silent and said he would reduce the size of the public gallery if they failed to heed his order.

Last Tuesday, the cross-examination of developer Mr Tom Gilmartin by the Taoiseach's lawyers was repeatedly interrupted by bursts of applause and some heckling. Yesterday, posters put up in the tribunal hall in Dublin Castle warned audience members not to interrupt proceedings by "laughing, clapping, heckling or otherwise". For the first time since Mr James Gogarty gave evidence over five years ago, two uniformed gardaí were on duty in the hall throughout the day.

In his statement, Judge Mahon said the tribunal was increasingly concerned at the tendency of large numbers of the public to laugh loudly, clap and jeer at the cross-examinations by counsel.

While he accepted that not everyone engaged in this type of behaviour, sufficient numbers had done so to warrant additional steps being taken.

The tribunal was a public inquiry and the public were most welcome to come and listen to the evidence. However, they were obliged to conduct themselves in a manner befitting attendance at a court hearing, "difficult as that might be".

Judge Mahon said the evidence being heard at the tribunal was extremely serious for the witnesses and counsel alike and both were entitled to be heard as if they were in court.

"Unfortunately, the practice of reminding the public to sit in reasonable silence has failed to reduce these outbursts." In the light of this, the tribunal would take steps to maintain proper order in the hall, and this could involve reducing the seating capacity for the public.

Once again, the public gallery was packed for the continuation of Mr Gilmartin's evidence. However, his cross-examination by lawyers for developer Mr Owen O'Callaghan was relatively subdued, compared to the cross-examination by the Taoiseach's legal team. The gallery broadly heeded the direction for silence, with the exception of some brief applause as the tribunal adjourned for lunch.