The cross-examination of Mr Liam Lawlor TD has been postponed until next week because lawyers for the Flood tribunal want to examine documents he gave them on Monday evening.
Mr Lawlor was in the public gallery of the tribunal yesterday but did not enter the witness box.
On Friday the Supreme Court is to consider an appeal by Mr Lawlor of an order that he give evidence in public on documents requested by the tribunal. Tribunal lawyers said yesterday they wished to postpone Mr Lawlor's evidence until after the Supreme Court had made a decision on the appeal.
Mr John Gallagher SC, for the tribunal, said Mr Lawlor handed documentation in to the tribunal on Monday at about 7.45 p.m.
"The tribunal has not had time to look at those documents, and in those circumstances I am not in a position to ask any questions in relation to the documents contained in that folder, and that matter should be adjourned," he said.
Mr Lawlor's appeal to the Supreme Court first concerned Mr Justice Smyth's order on October 24th for discovery of documents as far back as 1964, according to Mr Gallagher. Second, Mr Lawlor sought to appeal the order requiring him to give evidence to the tribunal regarding the documents, he added.
"You will recall that initially Mr Justice Smyth made an order requiring Mr Lawlor to furnish an affidavit of discovery within one week from October 24th. And he was further ordered to attend the tribunal and hand over to the tribunal all documents and record mentioned in paragraphs a, b and c of the order for the tribunal. . .and that was to be done by today," he said.
He added: "I am instructed that it is the intention of the appellants to apply to the Supreme Court on Friday next for a stay on the order of Mr Justice Smyth that hopefully would be dealt with on Friday, and under those circumstances I would ask that the examination of Mr Lawlor in public would be deferred for one week."
Mr Justice Flood said he would adjourn Mr Lawlor's cross-examination until Tuesday but added: "It is, of course, possible that events may overtake that date on Friday . . . At this moment in time I am adjourning it until 10.30 a.m. on Tuesday, November 14th, and Mr Lawlor is bound to be present on that date."