Mr Justice Flood warned a witness yesterday that if he were found to have hindered or obstructed the work of the tribunal, he would be guilty of an offence. The chairman gave Mr Michael O'Hanrahan, a consultant to Binchys solicitors, a five-minute break to "seriously consider" the terms of his warning before questioning resumed.
Mr O'Hanrahan was being questioned about the movement, on the instructions of another consultant to Binchys, Mr John Caldwell, of £115,000 to Liechtenstein in July 1985. The money belonged to Canio Ltd, a company owned by builders Mr Brennan and Mr McGowan and auctioneer Mr John Finnegan, which paid £75,000 to Mr Ray Burke.
At the time, Brennan and McGowan was involved in litigation with two financial institutions over lands owned by Canio. Mr Caldwell, for Binchys, represented Brennan and McGowan; however, the company had also been engaged by one of the institutions, Lombard and Ulster, to recover money due.
Asked by Ms Patricia Dillon SC, for the tribunal, whether he was aware at the time of the difficulties faced by Canio, Mr O'Hanrahan replied: "Not necessarily."
Mr O'Hanrahan referred many of the questions on this and other matters to Mr Caldwell who, he said, was the main person in Binchys dealing with Brennan and McGowan.
Binchys has informed the tribunal that many of the records for Canio have been destroyed in accordance with normal legal practice in the firm.
