The chief witness at the planning tribunal, Mr James Gogarty, was prepared to destroy the good name of serving gardai and his former solicitor, in addition to senior executives of the Murphy group, when he did not get his own way, Mr Garrett Cooney SC, for the Murphy group, told the tribunal yesterday.
Opening cross-examination following the completion of Mr Gogarty's direct evidence, Mr Cooney said it was the recollection of three senior gardai that Mr Gogarty accused Det Sgt Bernard Sherry of Howth Garda station of corruption because he refused to pass on Mr Gogarty's complaints to the Director of Public Prosecutions.
Mr Cooney also instanced an occasion when Mr Gogarty allegedly said he had no trust in his solicitor and another occasion when he allegedly said he had reservations about the conduct of the then minister for justice, Mrs Nora Owen.
In his evidence, Mr Gogarty said he had complained to Det Sgt Sherry about intimidating late-night telephone calls, which he claimed came from Mr Joe Murphy jnr. Mr Gogarty said he was threatened that the "roof would not be left over my head" and that Mr Murphy would "kick every bone in my bloody body". Mr Gogarty said he was particularly upset that Mr Murphy was not charged "on credible evidence. Today, it is sticking out a mile that if that was done at the time we wouldn't be here today." He said: "It was practically an obsession with me for four years, five years or six years."
Mr Cooney agreed that it was an obsession and quoted from Mr Gogarty's affidavit of October 12th last: "I was, and still am, at a loss to understand why no criminal prosecution was ever initiated by the gardai against Joe Murphy jnr or even why no file in the case was ever submitted to the DPP for consideration.
"Regrettably, as far as I can see there was no legal or rational reason for that decision of the gardai. I eventually came to the belief, rightly or wrongly, that improper influence must have come to bear on the gardai for that decision to have been made."
Mr Cooney then read from a statement in which Garda Chief Supt McElligott recalled that Mr Gogarty "claimed that Det Sgt Sherry was corrupt and had been bribed because he did not investigate the incident properly".
Mr Gogarty responded that he did not believe he had said that. He also said he did not accept, as appeared in a statement by Det Garda Gerard Harrington, that he had made similar allegations in Det Garda Harrington's hearing. He felt there was good evidence to lead to a prosecution of Mr Murphy jnr, and he was concerned that the file had not been passed to the DPP.
But Mr Gogarty said that following the statements from the gardai to the tribunal he now accepted that it was "an error of judgment on Mr Sherry's part" rather than "improper influences".
Mr Cooney suggested that Mr Gogarty was now embarrassed because statements from the gardai had shown they had given him at least five reasons for the prosecution not going ahead.
Mr Gogarty acknowledged that Det Sgt Sherry had also explained in detail to his then solicitor, Mr Michael Hegarty, why he had decided not to prosecute Mr Murphy. Under cross-examination, Mr Gogarty maintained that his solicitor had not recounted these reasons to him and said that was part of the reason he lost trust in his solicitor.
"So we had Sgt Sherry at least making an error of judgment according to you," said Mr Cooney, "and now we have your solicitor acting in less than in a trustworthy fashion?"
"It was less than diligent" said Mr Gogarty.
"Weren't the words that you used that he `fell short in trust' ?" asked Mr Cooney.
"Well, on the basis that he wasn't diligently pursuing my interest, that's what I thought", responded Mr Gogarty.
Mr Cooney said he had to put it to Mr Gogarty that "when you don't get your own way, nobody's reputation is safe from a savage verbal assault from you. I am putting it to you that you attempted to destroy the good name of Sgt Sherry and jeopardise his career, and you are now attempting to damage the reputation of your former solicitor, not for any good or valid reason but for selfish personal reasons of your own."
Mr Gogarty said that was "completely incorrect". Mr Cooney maintained that Mr Gogarty was seeking vengeance. "I suggest that you were seeking vengeance against Joseph Murphy jnr because of the telephone call, and when Sgt Sherry wouldn't deliver to you on the vengeance that you were seeking you decided to destroy his reputation by making these very serious allegations against him."
Mr Cooney put it to Mr Gogarty that in addition to casting allegations at former Murphy group executives, the gardai, his former solicitor and others, he also commented adversely on the conduct of the then minister for justice, Mrs Owen.
Mr Cooney said that in 1995 Mr Gogarty had established contact with Deputy Tommy Broughan, who had asked Dail questions about the Garda investigation of the minister for justice. He said that when Mr Gogarty was not satisfied with the response, he levelled charges against "the minister and the powers that be" of "deliberately evading action to address (the) complaint".
