A radio interview with journalist Mr Frank Connolly on Today FM last Thursday will be studied by the Flood tribunal chairman over the next few days and submissions will be made next Tuesday by JMSE lawyers who have objected to its contents.
Mr Connolly, of the Sunday Business Post, was interviewed on the programme The Last Word with Eamon Dunphy.
The tribunal has heard, and it was introduced again this week, that Mr Connolly was the journalist whom Mr Gogarty first spoke to in relation to the allegations he has made at the tribunal. The articles written by Mr Connolly appeared in the Sunday Business Post on March 31st and April 7th, 1996. Mr Connolly expected to be called as a witness to the tribunal at some future date.
Yesterday, Mr Garrett Cooney SC, for the Murphy Group, rose when the chairman announced an adjournment when Mr Gogarty was unwell. He said he wanted to mention a matter relating to a broadcast on Today FM in which Mr Frank Connolly was a participant. "We are very disturbed by the contribution Mr Connolly made on the programme and we want to draw it to the tribunal's attention," Mr Cooney said. They had an audio-tape of the interview and a script which was being copied.
The chairman said he would look at the script either that day or by Tuesday. He would also require the audio-tape. After the adjournment, the chairman said he had read the transcript and would not make any comment. He said Mr Connolly had made an application to the tribunal for representation that was declined. In that context, he would like Mr Connolly to be represented. He was not giving Mr Connolly representation. That was an entirely different concept.
"But I think any man in a public tribunal who is in any way being criticised, whether validly or otherwise, I will make no comment, should have an opportunity of either presenting his case himself or having it presented for him at his choice", he said.
In the circumstances, he would sit at 10 a.m. on Tuesday to deal with that aspect and 10.30 a.m. for Mr Gogarty.
Mr Michael Farrell, solicitor, Michael E Hanahoe & Co, said he had been asked by Mr Connolly to watch his interests. The chairman said he was not aware of that when he was addressing the tribunal. The chairman said they would hear from Mr Farrell on Tuesday morning. If he had any submissions, they should be circulated to Mr Cooney and to him.