THE Flood tribunal is facing a fresh threat of High Court action following the sensational withdrawal of barristers for Joseph Murphy Structural Engineering from the proceedings.
There was renewed speculation that the tribunal could collapse now that three of the main witnesses - Mr Ray Burke, Mr George Redmond and JMSE - are no longer legally represented.
Were the fourth main party facing corruption allegations, Mr Michael Bailey, to withdraw, the hearings could become a farce. However, it is understood Mr Bailey's counsel, Mr Colm Allen SC, will begin his cross-examination this morning.
JMSE lawyers may now seek a judicial review of the decision by the tribunal chairman, Mr Justice Flood, to withdraw the right to address the hearing from their senior barrister, Mr Garrett Cooney SC. They could argue that JMSE's interests would be unfairly prejudiced if the tribunal proceeds in the absence of the firm's lawyers.
A spokesman for JMSE said they had "every confidence" in the approach taken by their legal team.
Mr Allen had earlier sought a delay of 24 hours to consult the Bar Council. This followed the chairman's decision to withdraw Mr Cooney's right to speak at the tribunal after he refused to apologise for remarks made the previous day.
Mr Cooney's two colleagues declined to continue the cross-examination of Mr James Gogarty and the hearing was abruptly adjourned yesterday.
Mr Allen later sought guidance from the chairman of the council's Professional Practices Committee, Mr Liam McKechnie. The nine-person committee has been supplied with transcripts from the last two days of the tribunal.
Yesterday, Mr Cooney said it would be "hypocritical and insincere" of him to make an apology as he had not said anything which warranted one.
