Mr James Gogarty refused to sign the 1988 accounts of JMSE because he was convinced that they were based on inaccurate accounts for 1987, and would only be prepared to sign if a form of words could be worked out with the aid of solicitors which would give him immunity from prosecution.
Responding to Mr John Gallagher SC, counsel for the tribunal, Mr Gogarty said he was in a delicate position in relation to the 1988 accounts as there had been a management change at the company, and while he and Mr Joe Murphy snr had been suspicious of the accounts, Mr Murphy was now suggesting that he sign them anyway.
Mr Gogarty referred to threats and intimidations from Mr Murphy jnr and when asked to explain these threats replied: "That if I didn't sign the accounts there would be no pension for me." Mr Murphy had suggested that their previous reservations in relation to the 1987 accounts were "history".
However, Mr Gogarty said that neither he nor Mr Murphy snr had, to the best of his knowledge, seen any report of any investigation into their complaints.
Mr Gogarty said he was anxious to be co-operative but did not want to put himself at risk of prosecution.
"I suggested in good faith that our respective solicitors might be able to agree a form which would enable me to sign these accounts without any risk to me personally and/or as executive chairman."
