The chairman of the Flood tribunal said yesterday it did not appear at the moment that it would be necessary to call Garda witnesses.
Mr Justice Flood had been asked by Mr Garrett Cooney SC, for the Murphy group, whether it was the tribunal's intention to lead evidence from the Garda witnesses in view of the ruling that Ms Nuala Butler, counsel for the Garda Siochana, was not entitled to cross-examine Mr James Gogarty.
The chairman said: "At this moment in time, as I see the progress of the tribunal at the moment, it doesn't appear - and I don't totally rule it out - it doesn't appear that Garda witnesses will be necessary."
Mr Cooney asked in what circumstance he envisaged it might be necessary to call them.
The chairman told him it was a matter which would have to be considered by tribunal counsel and their advice to him in the circumstances.
Mr Cooney said it was a matter of immediate concern to his client. Could he take it that the chairman's ruling at the moment was that it was not the intention of the tribunal to lead evidence of any one of the gardai who had furnished statements and which were included in the book of Garda documents which had been circulated?
Mr John Gallagher SC, for the tribunal, said that since the ruling in relation to cross-examination by counsel for the Garda Siochana, the tribunal legal team had not had a detailed opportunity to consider what witnesses would be called and, in particular, what Garda witnesses would be called. That was something that would have to be addressed.
Mr Cooney asked that before a final decision was made on whether or not these members of the Garda Siochana were called, they could make submissions on the matter.
Mr Colm Allen SC, for the Baileys and Ms Butler, also asked that they be heard. The chairman said he heard what they were saying.