Cooney rebuked by O'Neill

Lawyer for the tribunal Mr Desmond O'Neill SC said an accusation of professional misconduct against him had no factual or evidential…

Lawyer for the tribunal Mr Desmond O'Neill SC said an accusation of professional misconduct against him had no factual or evidential basis whatsoever.

Mr O'Neill was asked at the end of giving evidence if he had anything to add. He said: "Only to record my dissatisfaction at the fact that my colleague Mr Cooney has chosen to use his position, his privileged position, as counsel before this tribunal, to level against me an accusation of professional misconduct which has no factual or evidential basis whatsoever."

Mr Cooney said he would reserve the right to cross-examine Mr O'Neill. This was a matter which would be adjudicated upon by the Professional Practices Committee. Mr O'Neill said: "I would have expected if my friend had substance in his complaint that he would have made that complaint to the Professional Practices Committee without airing his unsubstantiated view in this venue which has the benefit of privilege." Mr Cooney said he had no interest in exchanging remarks with Mr O'Neill.

Earlier, Mr O'Neill was asked about going to see Mr Gabriel Grehan with Mr Pat Hanratty SC, in November 1998. He said he did not prepare the draft statement of Mr Grehan. He read over it as drafted by Mr Hanratty. In his view, it accurately recorded the content of their meeting.

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Referring to allegations in the draft statement about alleged payments to Mr Ray Burke, Mr O'Neill said: "I may well have used the term `frolic of his own', I suspect that I did and I did so to establish whether or not he [Mr Grehan] had any knowledge of involvement by Mr [James] Gogarty in this payment either as the principal or as a person who was acting on the instructions of others."

Mr O'Neill said he went to see Mr Grehan in Dundalk with Mr Hanratty, once, at the end of November 1998. The matters discussed were recorded by him in a memorandum. That was the end of his involvement. He did not consult Mr Hanratty.

In general at the interview, the questions were put to Mr Grehan by Mr Hanratty. He (Mr O'Neill) observed the questions and, where matters required clarification, he asked questions.