Mr Michael Bailey yesterday called on the tribunal for help, as he said he would love to know if there was a way to establish the number of times Mr James Gogarty contacted him by telephone about being paid money.
"This man was not going without getting his money, I can tell you," Mr Bailey said. Mr Gogarty used to call to his brother Tom on site as well.
"I would love to know, chairman, if there is a way that it can be established in fact, the number of times Gogarty contacted me or Tom by phone. "I believe it would have a very big bearing, the contact he had with me on my mobile phone or house phone," he said.
"The tribunal has powers of discovery and I'm asking them to help us in proving this man received funds." Mr Gogarty had said in evidence that he had not been in contact with them. Mr Desmond O'Neill SC, for the tribunal, said if it was a concern to him, he could find out from the telephone company, which he (Bailey) contacted.
Mr Bailey said the telephone company did not give a record of incoming calls "from Gogarty to Mick and Tom Bailey".
"They would make interesting reading," Mr Bailey said. He argued that Mr Gogarty should be asked to produce a list of phone calls and to explain his reasons for making them.
Mr O'Neill suggested that this could have been put to Mr Gogarty by Mr Bailey's counsel in cross-examination.