Lawyers for Mr Michael Bailey, Mr Thomas Bailey, and Bovale Ltd yesterday refused documents from the Anglo-Irish bank to the tribunal. It requested them following last week's Irish Independent publication of an article alleging Mr Michael Bailey had withdrawn £50,000 from the bank in November 1989, saying it was to pay Mr Gogarty.
Lawyers went in to private session to make submissions on the discovery of the bank documents. When the public session resumed, Mr Pat Hanratty SC, for the tribunal, said they asked lawyers for Bailey/Bovale whether the tribunal could receive the transcripts of interviews with two bank officials.
Lawyers for Bailey/Bovale said they were not willing to consent to sending back the transcripts to the tribunal. They said the interviews were made on foot of orders which the Supreme Court ruled were improperly made.
Another question was whether the Irish Independent article was their clients' case and again the reply was that they were not prepared to indicate it was their case.
Finally, the Bailey lawyers were asked would they be prepared to furnish an additional statement to the tribunal and the answer was no.
The chairman, Mr Justice Flood, said he did not know if there was anything he could do about that.