The chairman of the tribunal, Mr Justice Moriarty, emphatically rejected a suggestion that yesterday's hearing was a "public relations stunt" or was held to please the media.
He was responding to counsel for Mr Denis O'Brien, Mr Eoin McGonigal SC, who said he could not understand why a brief sitting was taking place over 2 or 3 days and just prior to the summer break.
"Outrage" at how Mr Denis O'Brien was being treated by the tribunal was expressed Mr McGonigal. He said his client had returned from holidays abroad in circumstances of "significant inconvenience" to give evidence.
Mr McGonigal said it was not clear to him why the particular matter which was the subject of yesterday's hearing was being examined at this stage. The tribunal was being "oppressive, unconstitutional and unfair", he said.
The only reason Mr McGonigal could think of for why the tribunal was sitting for a short number of days prior to the summer, having not sat for eight months, was to keep the press on the tribunal's side.
Later, after Mr O'Brien had made a very brief appearance in the witness box, Mr McGonigal said he wanted to express in "the strongest possible terms for what it is worth" his outrage at how his client was being treated.
Mr Justice Moriarty said Mr McGonigal's outrage, "not for the first time in the several years of these proceedings, has been recorded".
In evidence Mr O'Brien told Mr John Coughlan SC, for the tribunal, that he knew nothing about the letters the tribunal examined during yesterday's sitting. "I don't see what it has to do with me," he said.
The tribunal heard that Mr Aidan Phelan was no longer resident here. On July 22nd, 2002, the tribunal's solicitor Mr John Davis wrote to Mr Phelan's solicitor saying he had not yet received confirmation that Mr Phelan would give evidence on July 29th.
He said a witness summons would be served the next day if confirmation was not received by 5 p.m.
The next day Mr Phelan's solicitor wrote back. "Mr Phelan is no longer resident in Ireland and regrets that he will not be available on the 29th next."
