Smithwick may call witness's doctor

The chairman of the Smithwick Tribunal has said he may call a doctor who is treating one of the tribunal’s chief witnesses, former Garda detective sergeant Owen Corrigan.

Judge Peter Smithwick said he was considering asking Mr Corrigan’s doctor to attend after it was suggested there was a contradiction between what Mr Corrigan told his doctor what was expected of him and what the tribunal had asked Mr Corrigan to do.

Senior counsel for the tribunal Justin Dillon told Judge Smithwick a medical report had been received from Mr Corrigan’s doctor last Friday, in which the doctor said she “understands” Mr Corrigan was required to give evidence for four hours a day.

But he said this was not true. Mr Corrigan had not been required to give evidence for fours a day.

Mr Dillon read from the record of June 6th this year in which Mr Corrigan had been told by the tribunal he could, if he wished, give evidence for just two hours per day. Mr Dillon recalled it had been Mr Corrigan would had responded he would give evidence in four-hour sessions. He said the record of June 6th showed Mr Corrigan had said: "I will see how I go on, how I can sustain the pressure".

"Why did you tell the doctor you were obliged to give evidence for four hours, when you were not?" Mr Dillon asked.

Mr Corrigan said he had been "obliged to be here for four hours" and added he was "anxious to have the matter completed with the least possible delay". He said: "That is the way I saw it. I was obliged to be here."

Jim O’Callaghan, senior counsel for Mr Corrigan, said his client had not made any complaint about the conduct of the tribunal and questioned the relevance to the tribunal of Mr Dillon’s approach. He said if Mr Dillon had an issue with Mr Corrigan’s medical certification, Mr Dillon should call the doctor to give evidence.

Mr Dillon said the issue was one of credibility relating to Mr Corrigan. He said it “brings into question what the witness said back in 1989” in relation to sick leave that was certified as “nervous exhaustion”, for a period before Mr Corrigan retired from An Garda Síochána.

Mr Dillon has previously accused Mr Corrigan of faking the nervous exhaustion before he left the force, remarking: "You weren’t suffering from nervous exhaustion, it was a deception."

Mr Corrigan has consistently rejected the suggestion.

Judge Smithwick said there appeared to be an issue that might be clarified by calling Mr Corrigan’s doctor. It was something which might be useful, he said.