Public hearings by the Moriarty tribunal into matters to do with Mr Denis O'Brien and the Doncaster Rovers football stadium were deferred yesterday because of a Supreme Court appeal by Mr O'Brien.
In addition, Mr Jerry Healy SC told the tribunal it had been informed at 10.15 a.m. on Monday that a waiver granting permission to a London solicitor, Ms Ruth Collard, to attend to give evidence, was not being granted.
The waiver was to come from Westferry Ltd, a company controlled by an O'Brien family trust and which owns the Doncaster stadium. He said this had come as a "complete surprise".
Preparation for Ms Collard's attendance yesterday to give evidence had been advanced to the stage where arrangements had been made to bring her to the tribunal from the airport.
Mr Justice Moriarty said that, as he was speaking, lawyers representing Mr O'Brien were seeking leave from the Supreme Court to appeal against a High Court decision last week refusing Mr O'Brien's application for an order to stop the tribunal holding public hearings into Doncaster.
More than two weeks ago the tribunal announced its intention to begin hearing evidence into the Doncaster issue.
However, the hearings were put on hold after Mr O'Brien made his application in the High Court before Mr Justice Herbert. A decision against Mr O'Brien was given last Thursday.
Mr Justice Moriarty said he wanted to make a short statement to explain developments. It had been intended to hear evidence from Ms Collard but events on two fronts had overtaken that intention.
Following Mr Justice Herbert's ruling, there was no order in being preventing the tribunal from sitting.
However, in the later stages of last week, a notice of appeal to the Supreme Court had been filed by Mr O'Brien's lawyers, and the tribunal was so informed.
He believed Mr O'Brien's legal team was seeking an early date for the hearing of that appeal.
It was his "emphatic wish" that, subject to the convenience and commitments of the Supreme Court, any appeal allowed should proceed at "the very earliest vantage point possible".
There was no question of the tribunal hearing sworn testimony until the Supreme Court had an opportunity to consider the matter in full.
Mr Justice Moriarty said that before these matters had arisen it had been envisaged that Ms Collard would give evidence.
Mr Healy said the tribunal was working on establishing whether Ms Collard would be available in the future to give evidence.
The tribunal had met with her in March and in the light of that meeting had said her evidence would be valuable and was appropriate for ventilation in public hearings. A waiver had been provided by Westferry to allow her meet with the tribunal.
In June Ms Collard had told the tribunal she had been instructed to attend if requested to give evidence. As she is not resident in the State, she could not be compelled to give evidence.
Until told otherwise at 10.15 a.m. on Monday, the tribunal had been confident she would give evidence, Mr Healy said.
The tribunal had been informed earlier by solicitors acting for Westferry in Dublin that a waiver to allow Ms Collard give evidence would be provided.
It came as a "complete surprise" that she was precluded from giving evidence as a result of the failure of her client, Westferry, to give her a waiver.
The tribunal continued to hope all through Monday that she would be able to attend "on the basis of the earlier promise".
Mr Healy said that during the High Court hearings an amount of "extremely important material" had come to light concerning Doncaster that had not been furnished to the tribunal.
In due course the tribunal would examine why this documentation was not furnished to it.
Mr Justice Moriarty adjourned the tribunal until a date to be announced.
