The Chief Officer of the Criminal Assets Bureau said he thought it unfortunate that two State bodies, the Flood Tribunal and CAB, should get involved in High Court proceedings.
Det Chief Supt Fachtna Murphy, called to the witness box at the tribunal yesterday, said the High Court case could have been avoided.
Mr Felix McEnroy SC, for the tribunal, said the tribunal read correspondence from the CAB last Friday which suggested that both in relation to evidence the chairman heard and legal submissions he considered, there was a fundamental misunderstanding of the evidence advanced by the CAB.
The chairman had given a decision on April 23rd on the question of privilege raised by the CAB and made an order requiring Chief Supt Murphy to attend with documentation. The order remained and was not quashed.
Yesterday, Chief Supt Murphy said that regarding correspondence last Friday, he originally came to the tribunal responding to a summons to produce documents. He was there that day in compliance with the tribunal asking him to discuss correspondence in public to explain the delay in taking certain action. He was prepared to answer questions relating to those issues.
Mr McEnroy asked him to tell the tribunal about his statement in the letter of April 16th where he said there was a misunderstanding by the tribunal about the evidence.
Chief Supt Murphy replied he did not intend to go down that road. At that moment, counsel for the CAB was making an application for judicial review in the High Court and the evidence he gave to the tribunal would be at issue. He considered it would be inappropriate to go into those issues when it was before the High Court.
He was at the tribunal to co-operate and he did not want to be seen not to co-operate but he did not intend to go over his initial evidence where he claimed privilege. It was not fair procedure.
When asked if he was refusing to answer the question, Chief Supt Murphy said he was not refusing to answer questions. He did not think it appropriate to start commenting as a member of the Garda Siochana.
Mr McEnroy asked if he was refusing to explain the misunderstanding. He quoted the paragraph in the letter referring to it. Chief Supt Murphy said that was his belief based on legal advice.
He said he had at all times sought legal advice. There were serious issues to answer and he was answerable to the Commissioner of the Garda Siochana. He took advice from the Director of Public Prosecutions. He said he wrote the letter on legal advice.
Chief Supt Murphy said he did not think two State bodies should be going into the High Court in what could be avoidable litigation.