A "working arrangement" should be devised by the Moriarty tribunal to accommodate Mr Denis O'Brien's family commitments following the recent birth of his baby daughter, his legal team said yesterday.
Mr O'Brien is not expected to return to the witness-box until June 25th. He originally sought a two-week break to be with his family after the birth of his daughter on Saturday.
In a letter read to the tribunal yesterday, Mr Owen O'Connell, managing partner with William Fry solicitors and solicitor for Mr O'Brien, said his client resided in Portugal and was both a family man and a businessman. "He cannot be expected to devote his entire existence to the tribunal. Other affairs intrude from time to time."
He said a tribunal that had already sat for four years could easily be suspended for a few days to allow Mr O'Brien to spend time with his wife and new baby.
The period after the birth of a child was "recognised by society and State" as an important time for a family to be together, Mr O'Connell argued.
If a "working arrangement" was devised, Mr O'Brien could continue his co-operation with the tribunal.
However, counsel for the tribunal, Mr Jerry Healy SC, said Mr O'Brien's actions had caused the tribunal to "abandon its work".
He said the tribunal had constructed its proceedings to accommodate Mr O'Brien, including allowing him to give evidence before other witnesses.
"This has now resulted in a situation where the tribunal is effectively completely hampered in proceeding with this aspect of the tribunal until such time as Mr O'Brien makes himself available," said Mr Healy.
No other witnesses could be brought forward at this stage without putting the proceedings "out of sync", he added.
A letter from Mr John Davis, tribunal solicitor, also read out yesterday, said Ms O'Brien's pregnancy had created "undoubtedly stressful circumstances" for the couple.
He admitted Mr O'Brien had legitimate family concerns that limited his ability to attend proceedings in Dublin Castle.
"The tribunal acknowledges Mr O'Brien may require some time to be with family but can't agree that this requires an absence until next Monday," Mr Davis said.
Mr O'Brien was a "pivotal witness" and the tribunal could not sit without him. However, Mr Davis acknowledged that Mr O'Brien could not be compelled to attend.
The tribunal had consistently borne in mind that Mr O'Brien was a successful international businessman who had been resident in Portugal, claimed Mr Davis. It also noted that he kept a permanent staff on the sixth floor of No 1 Grand Canal Street, Dublin.
In another letter, Mr Davis said the tribunal had previously granted Mr O'Brien an "indulgence" by allowing him to return to Portugal to be with his wife.
Mr O'Brien was requesting something that had never been sought by a witness in any other proceedings, he claimed.
Allegations of bias against Mr O'Brien suggested an "erroneous view" of the tribunal's proceedings, said Mr Davis.