The former minister for justice, Mrs Nora Owen, may not have been fully informed on Dail questions about Mr James Gogarty, the witness told the tribunal yesterday.
Mr Colm Allen SC, for the Baileys and Bovale Ltd, asked why in his draft statement signed in September 1997, Mr Gogarty had referred to the then minister for justice but she was excluded from his affidavit.
Mr Gogarty said she was not deliberately excluded. Mr Allen asked if it was an accident.
Mr Gogarty replied: "No, no, because it is a very complex thing. I do believe and I am not being deferring to her at all there, but I do believe there was some problem in communication between the minister and other people, that she mightn't have been fully informed. All these things are fairly complex."
Mr Allen said he had made a very serious allegation against the former minister for justice. Not only had he made them, he made them to members of Dail Eireann. There was no equivocation in the manner of making them.
The chairman said this was not a forum in which one could make public statements about public officials or public representatives. "Let's not get into general criticism of public representatives in this tribunal. Let's deal with the facts as they arise, please," he said.
Mr Allen said he wanted to be absolutely clear that he was making no criticism of any politician. "All I seek is to establish that this witness has an established record of telling lies about politicians, gardai, judges and any other form of society that you may care to consider," he said.
Mr John Gallagher SC, for the tribunal, said that this was quite improper.
If Mr Allen wanted to talk about criticism he might care to name the politicians.