THE large quantity of new material delivered to the Flood tribunal this week contained many financial records but did not have detailed, narrative statements from Mr Michael Bailey and Mr Thomas Bailey, which have been sought by Mr Justice Flood from the outset.
But the documents delivered to the tribunal did include a statement from a solicitor, Mr Denis McArdle, detailing instructions he received in June 1989 for the transfer of JMSE funds, sources say.
The material conveyed to the tribunal from the Baileys' company, Bovale Developments, is understood to include financial records and correspondence between the Baileys and their financial advisers.
Documents from the Murphy group which were still being conveyed to the tribunal offices concerned the administration of Murphy group lands in north Co Dublin over a period of years, as well as financial records and documents concerning assertions made by Mr Garrett Cooney SC during his cross-examination of Mr James Gogarty.
Such was the volume of documents delivered to the tribunal that lawyers for Mr Gogarty secured an adjournment until next Monday to study the material.
Mr Justice Flood ruled on February 1st that if any matter is put to Mr Gogarty in cross-examination of which there has been no prior notice, then Mr Gogarty may be given an opportunity to consult his lawyers.
Because of this there was intense speculation this week that the material submitted was the stuff of the so-called "big ambush", promised by Mr Colm Allen SC for the Baileys and Bovale. But sources say this is not necessarily the case.
One source said material delivered contained little that had not been previously referred to during the tribunal's public sessions.
Interest in the coming week will surround the payment to Mr Gogarty of a cheque for £50,000.
Mr Gogarty claimed this was given to him as a present by Mr Michael Bailey at a meeting in the Skylon Hotel in August or September 1990, with the advice that he should relax and enjoy his retirement, and not pursue a legal action against the Murphy group in which the payment to Mr Burke might be mentioned. According to sources, another version of these events will be introduced during cross-examination.
Mr Allen is also expected to dwell on the importance of another meeting, at the Harp Inn in Swords, Co Dublin, between Mr Michael Bailey and Mr Gogarty, in the early 1990s at the time of the sale of Murphy group lands.
During cross-examination it emerged that Mr Gogarty had agreed a price of £2.3 million for the lands although earlier Mr Bailey had indicated he would be prepared to pay £2.4 million.
The statement from Mr McArdle allegedly deals with the request for money from funds held in a client account on behalf of the Murphy group. The purpose of the money requested was to replenish a Murphy bank account in the AIB in Talbot Street from which a withdrawal of £30,000 had been made in June 1989.
Mr Gogarty has said that Mr McArdle is an honest man and he would accept his evidence. The source said there appeared to be some difference between Mr Gogarty's account and that of Mr McArdle.
Mr Gogarty has said the money was withdrawn on the instructions of Mr Roger Copsey, and as to the plan to replenish it with funds from the client account, "I know nothing about that."
Mr Gogarty has also denied that Mr Tim O'Keefe, an accountant with JMSE, withdrew money from the Talbot Street bank and returned with it to the JMSE offices in Santry. However, on March 2nd last, Mr Cooney indicated that Mr O'Keefe's evidence would differ from Mr Gogarty's.