The chairman of the Flood tribunal has issued a sharp warning to Mr Oliver Barry that he will face significant costs if the tribunal's time is wasted.
Mr Justice Flood intervened during a heated argument over the disclosure of Mr Barry's bank accounts by referring specifically to legal powers that allow him to levy costs on people he deems not to have co-operated with the tribunal.
Earlier, Mr Barry said dealing with the tribunal had cost him £400,000 so far. He told his counsel, Mr Fergal Kavanagh, that he had made Mr Justice Flood aware of the heavy financial burden imposed by his efforts to co-operate. Mr Barry's lawyers dispute an assertion by tribunal counsel Mr Pat Hanratty, who told the tribunal last December that Mr Barry had failed to disclose nine bank accounts. They say this claim, and subsequent media reports of it, seriously damaged the reputation of their client.
Mr Kavanagh said Mr Hanratty's statement was `'factually inaccurate". However, his attempts to question Mr Barry about each of the nine accounts led to prolonged dispute with Mr Hanratty and Mr Justice Flood.
The chairman said it was manifest that Mr Barry's affidavit of discovery was defective as it failed to disclose bank accounts both inside and outside the jurisdiction.
Mr Kavanagh attempted to explain the circumstances regarding each of the nine accounts, but Mr Hanratty objected to the version of events presented.
After further legal argument, the tribunal was adjourned to allow for discussions.
On the resumption, Mr Hanratty said he and Mr Kavanagh now agreed that the number of accounts Mr Barry had failed to disclose was six. Two other accounts were outside the terms of the tribunal order and a third reference was not actually a bank account.
Mr Kavanagh said Mr Barry had "taken a serious hit" in the media as a result of matters brought up by the tribunal. An inference had been raised that he was not co-operating.
