The High Court has supported the Flood Tribunal's decision to let a controversial document be admitted in evidence in public. The document is an affidavit by a former chief executive of the Murphy Group who is now deceased. Since the Flood Tribunal began three and a half months ago a question mark had remained over whether or not what's become known as the Conroy Affidavit could be admitted in evidence.
The affidavit was made by the former chief executive of the Murphy Group, Liam Conroy, in the Isle of Man in March 1989, almost a year after he'd been ousted from the company during a bitter power struggle. James Gogarty's legal team had applied for it to be admitted, describing it as a catalyst for events that later transpired in the company. Mr. Justice Flood ruled that it could be admitted in public and Mr Gogarty could be cross-examined on it. However, the Murphy Group sought a judicial review of this in the High Court, saying the document contained serious and damaging allegations and that it was peppered with lies.
Today, Mr. Justice Geoghegan rejected their application for leave to challenge the decision, saying that it was beyond argument that Mr. Justice Flood had to see the document. And he said that he accepted Mr. Justice Flood's decision that the public should be present when any witnesses of the Tribunal gave evidence in relation to it. It is not known whether the Murphy Group will appeal it further, if not it is likely that James Gogarty will have one more day in the witness box at Dublin Castle.
