Lawyers for Mr Ray Burke will renew their efforts today to prevent disclosure of his financial details when the former Fianna Fail minister resumes his evidence at the Flood tribunal.
The tribunal heard yesterday that "very substantial sums" of money were passing through Mr Burke's bank accounts at the time of Mr James Gogarty's payment to him in June 1989. His lawyers failed to have questions on Mr Burke's financial affairs ruled out of order but have signalled their intention to try again today.
In his evidence today, Mr Burke will also face questions regarding the inquiries made by the Taoiseach, Mr Ahern, in 1997 regarding the allegations then circulating about Mr Burke. The issue has the potential to embarrass the Taoiseach, who has given varying accounts of his state of knowledge of the allegations before he appointed Mr Burke to the cabinet. On his long-awaited debut in the witness-box yesterday, Mr Burke cantered through his denials of the allegations against him - denials first made in the Dail in 1997. There were no surprises as he conceded receiving a political subscription of £30,000 from Mr James Gogarty of JMSE, but denied any improper motive in accepting the money.
However, it emerged yesterday that a portion of the money given by Mr Gogarty remains in a political fund available for use by Fianna Fail in north Dublin. In addition, Mr Burke appeared to represent the donation by Mr Gogarty as an expression of goodwill by the general business community, rather than from one company.
Throughout his evidence, Mr Burke was confident, even cocksure. "That's my evidence and if anyone is saying anything different I'd like them to face me down with it," he said at one stage.
He lost no opportunity to assert the height of his political stature or the length of his experience. After all, here was a man who was elected on the first count in nine general elections and three local ones; someone who was claiming credit for helping to create the Celtic Tiger; a politician who, far from being a tool of developers, used his influence to fight against re-zonings by Dublin county councillors.
At all times in this career, Mr Burke acted with the "utmost probity", he stressed at the very beginning. He was clearly carefully rehearsed and relied heavily on a number of binders he brought with him to the stand. Directing his gaze steadfastly at the chairman, Mr Justice Flood, and away from the tribunal counsel asking the questions, Mr John Gallagher SC, his answers sometimes seemed to have little to do with the questions he was posed.
Perhaps his political instincts prevented him from saying he had erred when he told the Dail in 1997 that the £30,000 he was paid by Mr Gogarty was entirely in cash. Yesterday, he conceded that the documentary evidence unearthed by the tribunal showed that the sum was made up of £20,000 in cash and a £10,000 cheque, made out to cash, but even under repeated questioning by Mr Gallagher, he declined to say he was wrong.
Regarding the meeting he had with Mr Gogarty and Mr Michael Bailey in his home in June 1989, Mr Burke went through the familiar denials. He accepted the money as the Fianna Fail "standard-bearer" in the area. It was for him to dispose of at his discretion.
All day, the witness wrestled with Mr Gallagher's incredulity. Mr Burke said he never met Mr Gogarty before or since. He admitted to only a limited acquaintance with Mr Bailey. He had no contacts with JMSE; it was not even based in his constituency.
Yet here was a complete stranger coming to his house to give him at least £30,000, on behalf of a company Mr Burke had nothing to do with. No receipt was asked for, no receipt was given. Mr Burke cannot remember counting the money, which the chairman said must have been in an envelope the size of a laptop. He can't remember the denominations of the notes. He never wrote to express his thanks. It was "not in the least unusual".
"I was very grateful, but I was surprised," Mr Burke added later. As he tells it, back in 1989, the business world was falling over itself to give money to the party which rescued the State from economic ruin. And who better to give this money to but Mr Burke, one of the most senior ministers?
He remembered it was £30,000 which Mr Gogarty gave him because only two days previously, he had received the exact same amount from another company, Rennicks Manufacturing. He hadn't seen those donors before or since, either.
Before he entered the box, Mr Joseph Finnegan SC, representing Mr Burke, accused the tribunal of an outrageous approach for proposing to examine Mr Burke on his assets and liabilities in addition to the Gogarty allegations. This would undermine if not completely destroy any conclusions the chairman might make, he warned. Mr Justice Flood said he had no desire to trawl through Mr Burke's accounts but he could not treat him any differently from any other witness.
The chairman began the day by roundly dismissing complaints of unfair procedures made the previous day by Mr Finnegan and Mr Colm Allen SC. There was no reason why Mr Burke's evidence could not proceed, he concluded.
He then issued a strong reprimand for Mr Allen for the jibes he had hurled at Mr Gallagher on Tuesday. The manner and tone of Mr Allen's address had been "offensive and inappropriate", the chairman said. If this behaviour was repeated, it could be interpreted as obstruction and Mr Allen could find himself excluded. Mr Allen said he would be considering his position and left for a time to consider the ruling.
Mr Burke's evidence resumes at 10.30 a.m. today.