Tribunal warns group on producing papers

If the Murphy group did not produce certain documents by tomorrow, High Court proceedings would be issued to enforce the order…

If the Murphy group did not produce certain documents by tomorrow, High Court proceedings would be issued to enforce the order, the tribunal chairman said yesterday.

The tribunal was looking for documents and affidavits prior to the taking of evidence from Mr Joseph Murphy snr in the Channel Islands next week.

Yesterday's proceedings on the matter led to protests by Mr Dan Herbert SC, for the Murphy group.

The chairman said the attempts made by the group to produce the documents had been shambolic.

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Ms Patricia Dillon SC, for the tribunal, said the tribunal had not received affidavits from Mr Joseph Murphy snr, Mr Joseph Murphy jnr and Mr Roger Copsey, stating whether certain documents were available.

Mr Herbert said his problem lay in getting Mr Murphy senior and junior to complete and return the documents.

The chairman suggested sending a fax to Mr Murphy jnr in London.

He asked if there would be any difficulty in faxing Mr Murphy snr.

Mr Herbert replied that he did not have a fax at his home and could be contacted only through his son.

Mr Justice Flood said it was only an hour's journey from London to the Channel Islands and suggested the use of a firm of solicitors in Guernsey.

He would give one further extension of time, so that the Murphy group could make the arrangements for Mr Murphy snr.

"If it is not here by close of business by noon on Friday, I will instruct my solicitor to issue summonses in the High Court for enforcement," the chairman said.

"I don't want to do that."

Mr Herbert said that he did not like this "air of threat".

The chairman said he was not threatening. Mr Herbert replied: "Yes, you are, sir.".

The chairman said he was giving a third or fourth opportunity for them to get their act together.

Mr Herbert said he was not happy with the situation, claiming he had done more than his fair share to co-operate.

The chairman said he was doing more than his fair share to assist Mr Herbert.

Ms Dillon asked if there would be a letter of consent from British Telecom for records.

Mr Herbert said the answer was yes but could it be asked for politely, "without this air of aggression in public".

The chairman denied an air of aggression, saying:

"Let's keep our temper.".

"I don't like being bullied and talked down to by my colleagues," said Mr Herbert.

Ms Dillon said there had also been an order for 25 boxes of documents relating to proceedings in the Isle of Man.

Mr Herbert indicated he had received the order only that morning, but he said if the tribunal wanted the documents there was no reason why they should not be produced.

He would not give them that day, as he wanted time to make up his mind.

"We are now reaching our second anniversary and it gets a little difficult to hear that you want time," the chairman said.

He wanted them by close of business today.