A Ray of sunshine relegated to back bench

Ray Burke finally slipped into the witness box just before midday, settling into the chair, adjusting the microphone and arranging his papers around him.

Unfortunately for the large attendance at the tribunal, this occurred during an adjournment in proceedings and was only a rehearsal. By the time the hearing resumed at 12.03 p.m., the former minister was sitting at the back of the hall, and that's where he stayed.

No sooner had the registrar uttered three of the most eagerly-awaited words in tribunalese ("Mr Burke, please") than counsel for Bovale Developments, Mr Colm Allen, was on his feet with five of the most dreaded ("Before this witness is called . . . ").

Submission was followed by counter-submission; and even before the chairman said he would have to consider the issues overnight, seasoned tribunal-watchers had settled well back into their seats.

Mr Burke entered Dublin Castle earlier looking fit and trim. Faced with a swarming media pack, he said: "Nice to see you all again," without the faintest trace of sarcasm. And, asked what his mood was, he chirped: "Very good. Upbeat!"

Had we ever seen him any other way? he wondered; while, in answer to other questions, he said his health was "excellent, thank God. What about yourself?"; and that he was here "to co-operate fully with the tribunal".

That wasn't to prove possible yesterday. The thrust of Mr Allen's objection was that first, not having seen the evidence about the former minister, he would be at a serious disadvantage in cross-examining him; and second that, in calling Mr Burke before hearing the planning history of the lands at the centre of the inquiry, the tribunal was putting the cart before the horse.

Mr Justice Flood heard the submission, and a separate one from Mr Burke's legal representative, in between running battles with counsel for Bovale. Once, agreeing that the tribunal had been remiss in forgetting to give a copy of evidence to Mr Allen, he noted that "even Homer may nod". To which Mr Allen replied that if he was comparing counsel for the tribunal to Homer, "The Simpsons comes to mind".

Mr Justice Flood said this was "extremely rude" and invited an apology, at which point Mr Allen said he apologised to counsel "and to Mr Simpson". The chairman didn't repeat his invitation. But a Homer's nod was as good as a wink to a blind horse (especially one following a cart) and Mr Allen apologised again, this time sincerely.