The chairman, Mr Justice Flood, yesterday allowed counsel for the tribunal to put to Mr James Gogarty a contradictory version of some of the evidence.
Mr John Gallagher SC, for the tribunal, said at the end of Mr Gogarty's direct evidence there were a number of things he wanted to put to him that seemed to differ from the accounts Mr Gogarty had given.
Mr Garrett Cooney SC, for the Murphy group, objected and said what Mr Gallagher was proposing was clearly cross-examination and he was giving a non-contested opportunity to Mr Gogarty to deny matters which were in conflict. These were matters that reflected on Mr Gogarty's credibility.
Mr Gallagher said he was not trying to establish anybody's credibility. They were not taking sides. Mr Frank Callanan SC, for Mr Gogarty, said there was nothing improper, untoward or unusual about the course of action which Mr Gallagher proposed taking.
The chairman said the correct course would be allow counsel to put to a witness any contradictory version the tribunal was aware of. It was simply advising a witness that a contradictory version of the evidence was available to him.