The tribunal chairman, Judge Alan Mahon, has threatened to withdraw Mr Liam Lawlor's right to cross-examine witnesses following a "disgraceful" outburst by the former Fianna Fáil TD. Paul Cullen reports.
Judge Mahon issued the warning after Mr Lawlor shouted, banged the table and accused two witnesses of lying during yesterday's proceedings.
The chairman briefly adjourned the hearing in response to Mr Lawlor's outburst, which was preceded by a complaint that the tribunal had not fully investigated a matter relating to the Quarryvale shopping centre site in west Dublin.
The developer Mr Tom Gilmartin has claimed credit for first bringing the site to the attention of British supermarket giant Marks & Spencer. Quarryvale was eventually built as the Liffey Valley shopping centre, with M&S as an anchor tenant.
However, Mr Lawlor claims that M&S itself identified Quarryvale as suitable for a shopping centre. Yesterday, during his questioning of Dublin Corporation's chief valuer, Mr Michael McLoone, he claimed an earlier witness, Mr Richard Forman, property adviser to Mr Gilmartin, had also said this.
Judge Gerald Keys said Mr Lawlor could not claim this, as Mr Forman had not said M&S identified the site.
Mr Lawlor responded that he did not believe the witness. Mr Forman and Mr McLoone were lying. The tribunal lawyers were costing thousands of pounds each day and yet they had not contacted the supermarket chain.
"Get them in here," said Mr Lawlor, pounding the table.
Judge Mahon then adjourned proceedings. After the break, he said the tribunal was unanimously of the view that Mr Lawlor's conduct was "disgraceful, absolutely unacceptable and obstructive of the tribunal's work".
Mr Lawlor would not be permitted to shout or roar or thump the table at either the tribunal or a witness, he said. If he repeated this behaviour, his entitlement to cross-examine witnesses would be reviewed.
Mr Lawlor responded by claiming that Judge Keys had "aggressively attacked" him. Judge Keys could "shout down" an 80-year-old man (George Redmond) "but he won't shout me down".
The chairman said Judge Keys had not aggressively attacked Mr Lawlor.
"Is the warning that you have been given clear, because if it's not, we'll rise again and we'll review your entitlement to cross-examine. You either accept it or take the consequence."
At this point, Mr Lawlor said he accepted what Judge Mahon had said and apologised if he had been aggressive. But he claimed again that Judge Keys had been aggressive in addressing him.
Judge Mahon said he disagreed, and told Mr Lawlor to "get on with it". If Mr Lawlor wanted to have other witnesses called or evidence heard, he should write to the tribunal first.
Mr Lawlor said when he did this, it was not brought to the attention of the chairman. M&S should have been contacted.
Later, when Mr McLoone said Mr Lawlor had once called into his office and said he was involved in a site at Cooldrinagh, Mr Lawlor again accused the witness of lying.