Members of the McBrearty family have instructed their lawyers not to respond to a letter from Morris tribunal solicitors until they receive answers to a series of questions arising out of media reports at the weekend.
The family argue that they cannot afford to have legal representation present at the tribunal unless they receive assurances on costs.
Mr Frank McBrearty jnr addressed the tribunal this morning to ask for a one-week adjournment until his questions were answered.
Mr McBrearty's cousin, Mr Mark McConnell, said he supported the application on behalf of the family.
Mr Justice Frederick Morris said that Mr McBrearty had said "time and again during the course of the tribunal" that he and his family found themselves at a disadvantage before the tribunal, as they were not legally represented.
"Both in the chamber and in correspondence you have requested me to help you," Mr Justice Morris said, "and more important so far as I am concerned, you have made a submission to me that without a lawyer to represent you, you are being denied justice, or were in some way at a disadvantage.
"Now when that direct appeal was made to me, coupled with a statement that you were being denied justice, I felt it incumbent that I should see what I could do to assist you.
"With that in mind, I directed that the solicitor for the tribunal would write to your former lawyers to ascertain firstly if it was their intention to return to represent you, (and the decision that you make to employ them or not to employ them is entirely yours), and secondly to inquire from the members of the Bar that did represent you if they had any objection to any other member of the Bar taking up your instructions, because I am aware that members of the Bar have a protocol within the Bar governing this type of thing and therefore I was anxious to know if your lawyers, if your barristers had any objection to their colleagues taking up the matter.
"To date I haven't heard any reply from your lawyers and I understand that is because you have instructed them not to reply.
"I am aware that the Bar has a proud tradition of never allowing any litigant either before the court or in any other circumstances to go unrepresented simply because they are not in a financial position to do so, and with that in mind, I contacted the Bar Council with a view to ascertaining if there were members of the Bar prepared to accept your instructions, always assuming for the moment that your previous lawyers had no objection to them taking instructions.
"In accordance with their fine tradition, I have been informed that there are a number of lawyers, a number of barristers, prepared to take your instructions if it be the case that you want to employ them.
"This is because you have told me time and time and time again that you can't get a lawyer to represent you.
"Well I know now that that is not the case, that there are several barristers prepared to take your instructions, if you wish to employ them.
"And I had hoped that the position would arise where either your former lawyers would return to represent you here, or alternatively that the way would be clear for me to present to you the names of certain lawyers that are prepared to take your instructions.
"Well, I now gather from your attitude here today and from the list of questions that you furnished to me, that you don't want me to take any further steps to assist you.
"So I am going to allow the matter to stand. I do not propose to answer any of your questions, I have answered them in full here this morning.
"You now know the full story," Mr Justice Morris said.
"Nobody was going behind your back. What the attempt was, was to help you.
"If you don't want that help then I certainly do not propose to take any further steps in the matter, and so I propose to allow the matter to remain closed, and let the matter proceed in its own way from now on, and that closes the matter, Mr McBrearty, so far as I am concerned and I don't wish to discuss it any further."