Interventions by counsel and a State solicitor for the Garda seemed to indicate an attitude of objected to cross-examination of his client by counsel for the Garda. He said Mr Gogarty had withdrawn allegations against the Gardai at the tribunal.
Ms Nuala Butler, for the Garda, called Mr Callanan's remarks outrageous and said a refusal to allow her to cross-examine would be grossly unfair to her clients. Mr Justice Flood said he would rule this morning on whether the cross-examination could go ahead.
Ms Butler has told him her cross-examination would cover the allegations Mr Gogarty made against gardai. She wanted to examine the basis on which Mr Gogarty withdrew specific allegations. She also wanted to cross-examine on specific matters relating to the 1994 investigations.
There were one or two matters where there was a sharp divergence between the evidence of Mr Gogarty at the tribunal and the Garda record of investigations.
Mr Callanan said Mr Gogarty made no allegation of corruption or improper influence against the Gardai. "He does not accept he levelled such a charge in the past. He says if he did, he is sorry to have done so. He made it expressly clear that he was making no al legation against Det Sgt [Bernard] Sherry."
Ms Butler had it in mind to induce Mr Gogarty to make allegations which he had not made to discredit him.
"It seems to me a most serious matter if counsel acting on behalf of the gardai retained by the Attorney General, attended by the office of the chief State solicitor . . ." he said.
Ms Butler objected. Mr Callanan continued: ". . . to attend at this tribunal for what one can only conclude to be the purpose of lending the weight of the State to a general attack on Mr Gogarty and on the credibility of Mr Gogarty."
He said: "We have already had a number of interventions before the tribunal, both by Ms Butler and by Mr [Eoin] Wilson [State solicitor]; it seemed some indication of an attitude of determined hostility on the part of the State directed towards Mr Gogarty."
Ms Butler said she took grave exception to the submissions Mr Callanan had made. "I am not acting on behalf of the State and I am not bringing any State views to bear on a cross-examination I may conduct. I act specifically on behalf of An Garda Siochana and the individual members of the gardai concerned."