A company director yesterday lost his High Court action to stop a controversial affidavit containing "serious and damaging allegations" against him being admitted at the Flood tribunal.
Mr Joseph Murphy snr, of Guernsey, Channel Islands, had sought leave to bring proceedings to prevent the affidavit of Liam Conroy being admitted at the planning tribunal.
Mr Conroy made the affidavit in March 1989 in connection with Isle of Man proceedings. He has since died.
Mr Justice Geoghegan said it was beyond argument that Mr Justice Flood had to see the document.
He said it was clear the sole purpose for which application was made to the tribunal to have Mr Conroy's affidavit admitted was because of James Gogarty's allegations.
Mr Gogarty had claimed that after Mr Murphy paid over money to a Dail member with a view to getting planning permission, Mr Murphy subsequently sold the land on an agricultural value basis.
The judge said that according to Mr Gogarty this apparent inconsistent conduct on Mr Murphy's part was caused by panic because of what was contained in the late Mr Conroy's affidavit.
All this was in dispute, said Mr Justice Geoghegan. Mr Murphy's counsel conceded the affidavit contained serious allegations against their client.
Mr Justice Geoghegan said he was in agreement with Mr Justice Flood that once it was established that the late Mr Conroy's affidavit might have been a catalyst in the events that transpired, it would not be sufficient for the tribunal merely to be informed as to the affidavit's existence.
He said he was expressing no views as to whether the affidavit could form part of the tribunal evidence, having regard to the fact that the late Mr Conroy could not be cross-examined.
