The tribunal does not have the original of a letter from Mr Michael Bailey in which Mr Bailey allegedly said he could procure planning permission for the Murphy group lands with the aid of Mr Ray Burke.
In the letter, dated June 8th, 1989, Mr Bailey is alleged to have offered two proposals to the Murphy group, which was trying to realise the value of the lands at the time. The first was to share ownership of the lands with Mr Bailey and attempt to "procure" planning permission with the aid of Mr Burke, and the second was to sell the lands to Mr Bailey.
However, when Mr Colm Allen SC for the Baileys and Bovale Ltd, asked for the original of the letter yesterday, Mr John Gallagher SC, for the tribunal, replied that it was his understanding that the tribunal had never held the original, but only a photocopy.
Mr Gallagher said the tribunal staff had sought the original from Mr Gogarty's solicitor, Mr Gerard Sheedy, but Mr Sheedy had responded that he too had simply seen a photocopy of the letter.
Mr Allen said he would like the whereabouts of the original to be established as he would like to inspect it if it was available.
Mr Justice Flood asked if the Baileys or Bovale Ltd would have a carbon copy of the letter. He was told that instructions would have to be taken on the matter.
Mr Allen said the letter had been prepared in the offices of Smith Foy solicitors, but not on headed paper as it was "a proposal for discussion purposes". Referring Mr Gogarty to the transcript of his evidence, he asked if the original letter was in Mr Gogarty's possession during the meeting with Mr Ray Burke in 1989. Mr Gogarty replied that it was.
Mr Allen also referred to Mr Gogarty's meeting with the journalist Mr Frank Connolly in 1995 and asked if the letter was in Mr Gogarty's possession at that time. Mr Gogarty replied that it was, although he had not shown it to Mr Connolly.
He also confirmed in conjunction with the transcript of his earlier evidence, that he had shown the letter to Mr Tommy Broughan TD in September 1997, and that it had appeared for the first time in Magill magazine about one month later.
Mr Allen asked "could it be, Mr Gogarty, that the original of the letter of June 8th was given by you - or I think you said it was your son - to Magill magazine in 1997?"
Mr Allen said he was suggesting that the letter was furnished by Mr Gogarty, or a relative of his to Magill magazine, and that was where it was today. However, Mr Gogarty responded that the transcript would show that he said Mr Frank Reynolds had in 1989 handed him either the letter or a copy of the letter.
When pressed by Mr Justice Flood as to the importance of the original, Mr Allen said he would "keep it for another day" on the grounds that it wasn't taken to mean that it would form any part of an ambush on Mr Gogarty.
