Mr Nigel Darcy, a former superior of Ms Beverley Cooper-Flynn at the National Irish Bank, (NIB), who this week attempted unsuccessfully to seek the protection of the court and claim immunity, gave further evidence in the High Court today.
Asked by Mr Kevin Feeny SC, counsel for RTÉ, about procedural issues relating NIB's team of sales people, (which included Mrs Cooper-Flynn), Mr Darcy declined to answer, saying he was "uncomfortable" with Mr Feeny's line of questioning.
Justice Fredrick Morris reminded Mr Darcy, who is under subpoena, that this did not relieve him of his obligation to answer the question. The jury were then instructed to leave the court to allow Mr Justice Morris consider further legal argument.
When the jury returned, an internal memo dated the 28th September 1994 was produced and Mr Darcy was asked if the handwriting on the document was his.
He replied "I do not wish to answer that question, I believe it could incriminate me."
The jury were again asked to leave the court. When they returned Mr Feeny again posed the question.
In response Mr Darcy agreed it was his handwriting and said a copy of the memo was sent to Mrs Cooper-Flynn to "keep her informed".
Contained in the memo were details of a deceased policy holder requesting the proceeds of his estate be divided among the five members of his family. He also expressed his wish that "the money is not intended to be declared to the Irish revenue".
Asked if this information would alter how Mr Darcy distributed cheques of the deceased, in evidence, hereplied it was normal practice to effect the wishes of a policy holder but this was a "specific case" and the answer would be "far more wide-ranging".
Asked again by Mr Feeny if this would affect the way he dealt with the estate [of the deceased], Mr Darcy said he didn't know what "the original source" of the document was.
At this point the jury were instructed to leave the court. Further legal submissions were presented to Justice Morris before the court adjourned for lunch.
Today is the 19th day of Ms Cooper-Flynn's action alleging libel against RTÉ, journalist Charlie Bird and a retired farmer, Mr James Howard, Wheaton Hall, Drogheda. She claims she was libeled in broadcasts in June-July 1998, and words used meant she had instigated a scheme intended as a means to evade the lawful payment of tax. The defence denies libel.
The case continues tommorow.