Flood hears appeal for tribunal delay today

The Flood tribunal investigating allegations of planning corruption sits today to hear applications for a postponement of hearings involving Mr James Gogarty, which are scheduled to begin later this month.

Mr Justice Flood called this morning's special sitting in Dublin Castle after receiving written applications for a postponement from several parties to the tribunal, including the two builders, Mr Michael Bailey and Mr Joseph Murphy snr, who feature in the affidavit filed by Mr Gogarty.

Solicitors for the two men have made separate applications saying they need more time to investigate and respond to his allegations. If Mr Justice Flood accedes to their request, the work of the tribunal is likely to be delayed considerably.

Mr Gogarty, the first and most important witness before the tribunal, was due to give evidence at the first public hearings on November 16th. Mr Justice Flood said last month he intended to hear Mr Gogarty's evidence first because of his age (81) and the seriousness of his allegations.

Mr Gogarty, a former senior executive of Joseph Murphy Structural Engineering, has made a detailed statement running to 93 paragraphs or 45 pages, which was given to other parties late last month. Newspaper reports of his original allegations were central to the events which led to the establishment of the tribunal. They also led to the resignation last year of the then minister for foreign affairs, Mr Ray Burke.

It is not clear if counsel for Mr Burke is among those seeking a postponement.

Lawyers for those making today's application for a postponement are expected to point out that they have had only three weeks to investigate Mr Gogarty's affidavit, which was filed almost a year after the tribunal was set up. They will argue that they need more time if the requirements of natural justice are to be met.

A postponement is likely to delay public hearings until the new year.

The tribunal was set up following revelations that Mr Burke received £30,000 in cash from Joseph Murphy Structural Engineering in 1989. The tribunal's terms of reference were changed last June after it was discovered that Mr Burke had received a second payment of £30,000 from Rennicks Ltd, a subsidiary of the Fitzwilton Group.

Sources close to the tribunal say a considerable amount of information has been collected relating to the matters under investigation.