THE tribunal should begin taking direct evidence even though its investigations were not complete, to avoid its work being prejudiced by the leak of information, counsel for the tribunal said when it began yesterday. This would mean it would have to adjourn its work at some stage to allow these investigations to be completed.
Mr Denis McCullough SC said the nature of the work of the tribunal was inquisitorial rather than adversarial. It had done considerable work over the past six to eight weeks, and its investigations had covered Britain, the Isle of Man and the Cayman Islands. These investigations had afforded considerable information.
"We are very concerned about the leaking of information which has been going on for some time," he said. "There was a feeling that if the tribunal's work did not commence the leaking would continue."
There were still inquiries the tribunal wished to pursue. An application would be made to permit witnesses in the Cayman Islands to give evidence. He would hope the information got from these witnesses would be largely affirmative and corroborative.
"But it seems right that at some stage it will be necessary to ask for an adjournment to allow these matters to be dealt with properly," he said. "The alternative is not to commence at all, or not until a later date. This would be highly undesirable. The publication of confidential material seems to us to be unfair to the individuals affected by it."
He went on to stress that no criminality or wrong doing was being alleged against anyone appearing before the tribunal.
"It is not alleged that anyone who received monies necessarily did any wrong receiving it. That depends on the motives and the circumstances. These will have to be examined in considerable detail by the tribunal."
Fair procedure would have to be applied in dealing with these matters. This meant that anyone who was mentioned and whose good name was thereby questioned would be given copies of the statements in which he or she was mentioned. They would have the right to legal representation, and all the parties would have the opportunity to cross examine witnesses and to address the tribunal.
He then turned to what he described as the "politicisation" of the tribunal. "In the wealth of leaking information and innuendo, much has been said to politicise thee tribunal and to cast aspersions upon it which could prejudice its attempts to arrive at the truth. The tribunal will work in a fair and proper manner. At all times its overriding concern is that truth and justice shall prevail."
He added that at all times the tribunal had been given every cooperation and assistance by Mr Ben Dunne and other members of his family, from the directors of Dunnes Stores and from the trustees.