The tribunal was not an inquiry solely into Mr Ray Burke but it now focused totally on him, counsel for the former minister for foreign affairs said yesterday.
Mr Eoin McGonigal SC said that in the previous day's evidence, Mr Gogarty was identifying what could be considered the core point that arose in the tribunal.
He referred to two of Mr Gogarty's answers when he said Mr Michael Bailey had told him he could procure a majority on Dublin County Council to get lands rezoned through the help of politicians or councillors whom Mr Burke could influence and that he could organise five or six councillors to maximise votes.
Mr Gogarty had also said that Mr Bailey had told him he (Mr Bailey) was in a position to cross the political divide.
Mr McGonigal said yesterday he wanted a clarification as to whether tribunal leading counsel intended to explain fully and in depth both of Mr Gogarty's answers.
"The only person that has been identified before this tribunal has been my client, and I take it, Mr chairman, that we are in agreement that it is not an inquiry solely into Mr Burke. It seems to me that if part of this inquiry is to inquire into the nature and extent of any lobbying, influencing or any inappropriate conduct on the part of Mr Burke or any other councillors, then it is imperative that that inquiry be seen to be done in public," he said.
The chairman, Mr Justice Flood, said he could assure counsel that there would be a full public inquiry into every detail of those answers.
Mr McGonigal said that if the chairman agreed it went to the heart of the matter, it should be done at the earliest possible time. As it was fresh in Mr Gogarty's mind, it would seem now was the appropriate time.
He said Mr Gogarty was well able and capable of giving evidence. Any conversation between him and Mr Michael Bailey concerning the political divide would be a relevant public matter.
"Especially as Mr Gogarty is anxious to tell the truth, warts and all, it would be inappropriate to leave some warts till later," said Mr McGonigal.
It seemed to him that the parties before the tribunal might not be all the parties that should be before the tribunal, and that was putting them at a disadvantage.
"It is certainly putting my client, Mr chairman, at a distinct disadvantage in the sense that the tribunal is now focused totally on Mr Burke," he said.
This was a matter of such importance, Mr Justice Flood must seriously consider what was fair procedure and constitutional justice. He did not think that if the central point of the tribunal was going to be passed on the sixth day without any serious attempt to discuss it in public, the credibility of the tribunal could survive.
The chairman said he heard what he was saying, and all steps would be taken to comply with his request.