Mr Ray Burke has denied any personal responsibility for the introduction of a cap on RTE's advertising revenue. Any decisions on the matter were brought to and approved by Government, he stressed.
"I personally - Ray Burke - took no decision about that matter. The decision at all stages was a government decision," he told the tribunal yesterday.
Mr Pat Hanratty SC, for the tribunal, said Century Radio and its bankers knew about Mr Burke's intention to introduce a cap in December 1989, before the Minister instructed his departmental secretary and before the Cabinet considered the matter in March 1990. Mr Burke had even indicated the extent of the cap proposed, he said.
Mr Burke said he had offered Century his support in its difficulties. He was not legally in a position to make commitments to Century regarding a cap. Mr James Stafford, co-founder of Century, was unhappy with the cap introduced, so there was "no question of doing Century any favours".
He said RTE engaged in "black propaganda" regarding Century's failure to achieve full signal coverage. There was "anecdotal evidence" and a "general feeling" that RTE was undercutting its advertising rates to create difficulties for Century.
Mr Burke said he never had the "slightest intention" of cutting RTE's advertising by half, as Mr Stafford had claimed. "I would have never had discussed a 50 per cent cut because of the dramatic effect this would have on RTE and because it would never have been contemplated by the Government."
Mr Hanratty said if the witness was correct, this would mean that Mr Stafford had fabricated the statement. "It wouldn't be the first thing he's got incorrect," Mr Burke replied.
Mr Hanratty asked Mr Burke about separate claims by Century and the National Newspapers of Ireland that RTE was abusing its dominant position in the market. These claims had been relayed to Cabinet but it was clear that Mr Burke's officials had never carried out an inquiry into their veracity, Mr Hanratty said.
Mr Aidan Walsh SC, for Mr Burke, protested. This was not the tenor of the evidence given by the civil servants in the Department of Communications. "I'm sick to death with misrepresentations of fact being put forward" by the tribunal counsel, Mr Walsh said. Mr Hanratty said he utterly rejected Mr Walsh's "outrageous" assertion.
Mr Justice Flood appealed for calm but the argument between counsel resumed shortly after.
Mr Hanratty said he had a "recurring problem" with Mr Walsh. He was engaged in an extremely difficult examination of the witness, who was giving extraordinarily long answers, some of which were relevant to the questions asked and some of which weren't.
He accused Mr Walsh of making interventions "in aid of his client" when Mr Burke was perceived to be in difficulty. Mr Walsh said he was amazed that Mr Hanratty should launch such a "personal attack". Mr Justice Flood appealed for calm again. "I'm going to be a good deal more difficult. I've been too quiet and too calm," he said, before adjourning proceedings for five minutes.
Later, Mr Burke agreed he had no knowledge of any inquiry being carried out in his department into the allegation that RTE was abusing a dominant position.
Asked by Mr Hanratty whether he considered it appropriate that he met Century and its bankers without a civil servant present, Mr Burke said whom and when he met was "a minister's call". Century had made some "monumental mistakes," he said.
