The solicitor for a former garda applied yesterday to cease to represent him, saying his client was in St Patrick's Psychiatric Hospital.
Retired garda John Nicholson was due to be recalled as a witness yesterday. He pleaded guilty in 2002 and was prosecuted for submitting forged statements of loss of earnings. These were for Bernard Conlon for court appearances in a licensing case against the McBreartys in Co Donegal.
Tom Murphy, solicitor for a number of gardaí besides Mr Nicholson, said yesterday he wished to no longer represent him.
Mr Justice Frederick Morris, chairman, said he could only make an order allowing Mr Murphy to come off record if he was satisfied it was appropriate to do so. The reasons should be set out in an affidavit.
"I don't want to breach confidentiality but I understand that he is at the moment in St Patrick's hospital, and I feel it is appropriate that if the reason is because of his detention in that institution that I would be grateful if you could provide a medical certificate in the affidavit confirming that fact."
The chairman said if he had Mr Murphy's consent he proposed to ask their own medical adviser to examine Mr Nicholson and ensure the order was correct.
Mr Murphy confirmed his client was in St Patrick's and said he would draft the affidavit and get specific instructions on having the tribunal's medical adviser examine his client.
The tribunal is inquiring into allegations by Mr Conlon, who lives in Sligo, that Det Sgt John White of Co Donegal told him to make false statements to set up the McBreartys. Det Sgt White has denied all allegations against him.
Det Sgt White's counsel, John Whelan SC, yesterday cross-examined Chief Supt Austin McNally, who was second in command in the Carty internal Garda investigation team into corruption in Co Donegal. Mr Whelan challenged Supt McNally that the team had not investigated fully and arrested Det Sgt White on the basis of Mr Conlon's allegations.
Det Sgt White was charged with perverting the course of justice and making false statements. He was acquitted in Letterkenny Court earlier this year.
Mr Whelan said despite Det Sgt White's "unblemished career before all this started in 1997", Supt McNally was prepared to stand over his arrest on the word of an admitted perjurer who had many previous convictions.
Supt McNally said he was prepared to stand over Det Sgt White's arrest on the basis of their investigation. "I am quite satisfied that this investigation was very carefully carried out."
He said reasonable suspicion had led to Det Sgt White's arrest; there was sufficient corroboration that Mr Conlon was telling the truth and the overall investigation led to reasonable suspicion that Det Sgt White was unethically involved with Mr Conlon. He said he believed Det Sgt White was not telling the truth.