The Flood tribunal was told yesterday by Mr James Gogarty that a Garda version of an incident in which he claimed a shot was fired through a window of his home was not his recollection of events.
Mr Garrett Cooney SC, for the Murphy group, said Mr Gogarty had already given evidence of a telephone call from Mr Joe Murphy jnr and also referred in his affidavit to other incidents.
There was an allegation by Mr Gogarty of the firing of bullets through his livingroom window on October 30th, 1991, three years before the phone call.
When Mr Gogarty spoke to a journalist, Frank Connolly, of the Sunday Business Post, he wrote up the incident in an article which did not name, but referred to, his (Mr Cooney's) clients. Mr Cooney said he would suggest that Mr Gogarty told this to Frank Connolly for the purpose of suggesting that his client had something to do with it.
Mr Gogarty said he told Frank Connolly. He reported the incident to the gardai and the gardai checked it out in 1991. "And, rightly or wrongly, I couldn't rule out Murphy's possible involvement in that, I wouldn't put it past him," Mr Gogarty said.
Mr Gogarty said that in the context of that time he was suffering fear and dread. "I was trying to avail of every reasonable avenue to bring normality back into my life and my wife and family's life. Normality. I was living as a recluse. I couldn't stir out."
Mr Cooney asked if this was 1991? "Let me remind you, but I thought that you said your alleged condition of reclusivity didn't arise until after the telephone call in June of 1994." Mr Gogarty said: "The threat was there."
Mr Cooney said in Mr Gogarty's affidavit he had stated: "I was sitting in the lounge of my then house in Sutton and, at 7 o'clock in the evening, a shot was fired through the double-glazed plate window only a few feet from where I was sitting."
Mr Cooney said then, in a draft statement made in August 1997, Mr Gogarty had said he was in the lounge at 7 p.m. when a shot was fired and caused about £2,000 worth of damage. Mr Cooney asked if he had a bill for £2,000 damage.
Mr Gogarty said no. It included damage to carpets and furniture. Mr Cooney said he reported to the gardai immediately and they came. Det Garda Michael Duffy said in his statement he called to the house at 11.30 a.m. on Wednesday, October 30th, and Mr Gogarty had pointed out two small holes in a downstairs front window.
"Then Garda Duffy goes on to say that Mr Gogarty told him these had occurred sometime between 5 p.m. on the previous day and 11.15 the following day - that's the day of Det Garda Duffy's visit to you," Mr Cooney said. The garda said, according to his account, Mr Gogarty did not make any allegation that it occurred at 7 p.m. and the bullet passed within feet of him.
"That's not my recollection," Mr Gogarty said.
Mr Cooney said that the garda stated he carried out an investigation and could find no evidence of a firearm being used.
"I can't speak for him," said Mr Gogarty.
Mr Cooney said Det Garda Duffy said in his opinion the hole was made by a marble or light ball-bearing, or other spherical light object that struck the window but was not heavy enough to break the window. The object created a crater in the glass like a wide cone, with a one or two millimetre hole at the outside of the glass and the crater on the inside. A Garda search failed to recover the object.
Mr Cooney said another detective garda, Edward Grace, visited the house and found nothing to suggest how the holes were made and who might have been responsible. i were a mistake. Mr Gogarty said that he thought they would be giving evidence.
Mr Cooney said they knew what that evidence would be and it did not support Mr Gogarty's account and he was using this to blacken his client.
"Well I am not, I am not. I couldn't blacken him any more than he blackened himself," said Mr Gogarty. Mr Cooney asked if in October 1994 Mr Gogarty claimed another incident occurred. Mr Gogarty said he reported damage to cars. Mr Cooney said that he never reported this incident to the gardai. "Oh, no, I did," said Mr Gogarty.
Mr Cooney said Sgt McInerny said he could find no record of a complaint made by Mr Gogarty or his wife relating to malicious damage to vehicles at his home. Mr Gogarty said he reported it by phone to the gardai in Howth. They came to inspect the cars.
Mr Gogarty said he got the cars repaired. Mr Cooney asked who repaired them. Mr Gogarty said he could not recall. Mr Cooney asked if he could remember the name of the garage. "I wouldn't ask their names," said Mr Gogarty.
Mr Gogarty said he reckoned the cost would be £350. "We carried it out ourselves." When asked about this, he said: "With a friend of mine." Mr Cooney asked the name of the friend. Mr Gogarty said he could not be sure.
Mr Cooney said this was one of the incidents upon which he claimed, at taxpayers' expense, round-the-clock Garda protection.
Mr John Gallagher SC, for the tribunal, asked Mr Cooney to read the third paragraph of a Garda report. Mr Cooney read it and said: "The damage was caused to a front window by what appeared to be an air rifle as there were two small pellet holes in the glass."