The tribunal chairman stated yesterday that it was not the function of the Bar Council to act as a court of appeal on a decision of his.
Mr Justice Flood was responding to Mr Garrett Cooney SC, for the Murphy Group, who announced that he would be bringing certain matters involving Mr Pat Hanratty SC and Mr Desmond O'Neill SC to the Professional Practices Committee of the Bar Council.
Mr Cooney said the propriety of counsel's involvement in the case to the extent which was disclosed and also indicated by Mr John Gallagher SC (for the tribunal) was a matter for the committee.
"I intend to bring the matter to the attention of the Professional Practices Committee, Mr Chairman," he said.
He said he wanted to ask the chairman if, before he came back to the room to give his decision that Mr Hanratty should give evidence, he discussed that course of action with Mr Hanratty or Mr Gallagher or any other lawyer.
The chairman said his view of the matter from the moment Mr Cooney made his remarks was that it was inappropriate that the matter should be referred to the Bar Council.
It was his function to determine matters dealing with the tribunal.
Mr Cooney asked again if he discussed his decision to allow Mr Hanratty and Mr O'Neill to give evidence. The chairman said: "Mr Cooney, I have answered your question. I took a decision. I did not discuss the matter with anyone. I don't require to discuss the matter. It may have been referred to. I indicated, yes, that I was not going to send it to the Bar Council.
"I decided that it was not the function of the Bar Council to act as a court of appeal from a decision of mine." the chairman stated.
Mr Cooney asked his question again.
Mr Gallagher said it was entirely inappropriate that Mr Cooney should ask the chairman what he discussed or did not discuss with anybody.
Mr Cooney said it was unconscionable that the chairman should have permitted Mr Hanratty to give second or third-hand evidence which so seriously affected the interests of his clients.