The main witness in this module of the tribunal, Mr Tom Gilmartin, is to undergo heart surgery, it has emerged. Paul Cullen reports.
News of Mr Gilmartin's condition was revealed yesterday when Mr Liam Lawlor said he understood Mr Gilmartin was undergoing a triple bypass operation and he wanted to wish the developer a speedy recovery. The developer has had a heart condition for the past few years, it is understood, and this has been aggravated by the stress of tribunal appearances. He is currently resting at home in Cork.
Earlier this week, tribunal lawyers said they would be unable to recall Mr Gilmartin to the witness box this month because he was indisposed. However, they gave no details of his medical problems.
On Wednesday, Mr Lawlor had queried Mr Gilmartin's unavailability to give further evidence for medical reasons. He attacked the tribunal's willingness to accept the statements of Mr Gilmartin's lawyers on the matter and accused it of "fudging the issue". He also suggested it commission medical tests, as the Moriarty tribunal did with one of its witnesses.
However, yesterday, Mr Lawlor said he had in no way intended to make a negative comment.
Later yesterday, Mr Lawlor called on the tribunal to address the issue of Mr Gilmartin's immunity from prosecution. Mr Gilmartin was the only man in the country with such immunity, he said, "even though his evidence is falling down like nine-pins".
Judge Alan Mahon replied that this was a matter for the DPP.
When Mr Lawlor persisted in raising the matter, the chairman reminded him he had received a warning about his conduct. If Mr Lawlor persisted, he would be disbarred from cross-examination.