Lawyers for JMSE will be making submissions again on Thursday in private session to try to solve an impasse over the admission into evidence of an affidavit. If unresolved, the matter will lead to the High Court being involved. The Murphy group is opposing a decision of the chairman last Friday to allow the opening of the affidavit, which contains allegations against the Murphy group.
The affidavit was sworn by the late Mr Liam Conroy, former chief executive of the group, in the Isle of Man in proceedings for unfair dismissal which he took against the Murphy group in 1988.
Lawyers for JMSE have argued during the tribunal that the affidavit should not be opened as they cannot challenge the contents.
If there is no resolution, the only recourse will be a High Court challenge to the chairman's decision. JMSE lawyers have been considering this.
In that event it is likely that they will apply to Mr Justice Flood to stay the opening of the affidavit until the High Court proceedings are finished. It would not be expected to delay the public hearings of the tribunal.
Yesterday afternoon the lawyers held a private session to discuss the issue. No decision was made and they agreed to meet again on Thursday.
The chairman, Mr Justice Flood, heard submissions in private session last Friday as to whether the contents should be admitted in evidence. The application to have the contents of the affidavit opened was made by Mr James Gogarty's lawyer, Mr Frank Callanan SC.
The tribunal chairman gave his ruling, which was made public shortly afterwards.
He said that in his view it was an unrealistic proposition to invite a tribunal to have regard to the fact of an affidavit and the potential effect of it, without considering the content.
Mr Conroy, who died last summer, was the chief executive of the Irish and English trusts of the Murphy group.
Mr Gogarty's legal team has claimed that the Conroy affidavit backs up Mr Gogarty's version of events. He claimed that when Mr Conroy filed proceedings, the affidavit motivated Mr Joseph Murphy senior to dispose of all his lands in Ireland as he was concerned about the Revenue.