The planning tribunal has been postponed until next Monday because the chairman, Mr Justice Flood, is suffering from influenza.
The chairman had been expected to deliver a ruling yesterday on the procedure to be followed during the cross-examination of Mr James Gogarty.
Mr Gogarty's direct evidence, which the tribunal had hoped to complete this week, will resume on Monday. This was already taking longer than expected and will now probably take up most of next week.
What happens then is uncertain. The chairman has to decide whether to proceed with the cross-examination of Mr Gogarty, or to take evidence first from people who are the subject of allegations made by Mr Gogarty. The latter course has been suggested by lawyers for the tribunal, who are unhappy with the amount of information provided to the tribunal in statements by Mr Ray Burke, Mr Michael Bailey and JMSE. However, if Mr Justice Flood follows this course, lawyers representing these parties may take the matter to the High Court. They have argued strongly against any infringement of their right to cross-examine the witness.
The tribunal is unlikely to deal with any allegations made by Mr Tom Gilmartin before the summer.