The first time the Garda heard of concerns regarding the safety of Mr James Gogarty was in July 1997, Det Supt John McElligott from the National Bureau of Criminal Investigation told the tribunal yesterday.
In a letter from Mr Gogarty's solicitors dated July 13th, 1997, it was indicated that Mr Gogarty was prepared to sign a full statement about his allegations of planning corruption and referred to his concern for his safety and that of his family.
In discussions he then had, Mr Gogarty mentioned his allegations of threatening phone calls from Mr Joseph Murphy jnr in June 1994, a burglary at his home, and damage to a window. Mr Gogarty was "implying the (alleged) intimidation was coming from the Murphy side of the house," Det Supt McElligott said. He said when he spoke to Mr Gogarty on August 5th 1997, he (Gogarty) was still seeking a decision on the failure to prosecute Mr Murphy and seemed to make it conditional on making a statement.
On August 8th, 1997, he spoke to Mr Gogarty who was recovering from the previous day's publicity when he was named in a newspaper article. "That's what upset him in the sense that he and his whole family were now in the public domain," Det Supt McElligott said.
Det Supt McElligott explained that he received a letter from Donnelly, Neary and Donnelly, solicitors acting for Mr Gogarty, on February 4th, 1997, concerning alleged planning corruption.
On February 15th, 1997, he and Det Insp Gerard Harrington met Mr Gogarty at his home.
Mr John Gallagher SC, for the tribunal, asked what Mr Gogarty's attitude was and his demeanour during the discussion. Det Supt McElligott said "He was extremely angry". Asked what Mr Gogarty's attitude was to Mr Joseph Murphy jnr, he said as the story unfolded it became clear that Mr Gogarty's attitude to Mr Murphy was quite hostile.
They arranged another meeting for Saturday, February 22nd, and before that he received a letter from Mr Gogarty's solicitors which pointed out that Mr Gogarty's discussions with Det Supt McElligott were on a without-prejudice basis and that before he would sign any statement he would require confirmation from the gardai and DPP that immunity would be granted.
Det Supt McElligott met Mr Gogarty on March 8th, and on April 11th and 21st, 1997. On April 21st, Mr Gogarty was quite settled, but on occasion when certain names came up, he tended to take off in a state of anger.