Failure to produce statement on time caused latest delay

NEW information which has been received by the Tribunal of Inquiry (Dunnes Payments) was yesterday being considered by the former…

NEW information which has been received by the Tribunal of Inquiry (Dunnes Payments) was yesterday being considered by the former Taoiseach, Mr Charles Haughey, and his legal advisers.

The tribunal was adjourned for a further 24 hours yesterday after Mr Haughey's counsel, Mr Eoin McGonigal SC, said he needed time to take further instructions from his client.

When proceedings opened after a 75-minute delay, Mr McGonigal said he had been furnished with documents yesterday morning which were not available to him "before this time".

He told the chairman, Mr Justice McCracken, that he required full instructions in relation to the information which had been furnished to him. "I regret having to make this application, chairman, because I am conscious that you are anxious to get on with the tribunal and I don't make this application lightly," he said.

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But he had considered the position and he felt that if he was to properly represent his client at the tribunal then he required that adjournment for a short time, to consider all aspects arising from the new material which had been furnished to him "and to consider what would be the proper approach to take".

Addressing Mr McGonigal, the chairman said: "You realise that information was only in the hands of the tribunal this morning as well."

Mr McGonigal said he was aware of that and he was "not attaching any blame to the tribunal in relation to this document."

The chairman then said it arose "because inquiries had to be made following your client's statement which we only got yesterday (Monday) morning, just before we sat."

"None of this would have happened if your client's statement had been here on Friday, as was promised. However, I do realise that, having made the inquiries and furnished you with the information, I understand that you might want to take instructions," he added.

The chairman said that in fairness to Mr McGonigal's client, he could "do nothing but accede" to the request. But he repeated that if Mr Haughey's statement had been furnished on Friday "this would have all been dealt with before now, by Monday morning probably."

Having said that, there was nothing he could do but accede to the request, but only until this morning.

He then adjourned the tribunal until 10.30 a.m. today.